Airworthiness Directives; The Boeing Company Airplanes, 51722-51724 [2012-20968]
Download as PDF
51722
Federal Register / Vol. 77, No. 166 / Monday, August 27, 2012 / Proposed Rules
‘‘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.
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.
pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
The Boeing Company: Docket No. FAA–
2012–0860; Directorate Identifier 2012–
NM–123–AD.
(a) Comments Due Date
We must receive comments by October 11,
2012.
VerDate Mar<15>2010
15:06 Aug 24, 2012
Jkt 226001
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company
Model 737–600, -700, -800, and -900ER series
airplanes; certificated in any category; as
identified in Boeing Special Attention
Service Bulletin 737–28–1303, dated April
26, 2012.
(d) Subject
Joint Aircraft System Component (JASC)/
Air Transport Association (ATA) of America
Code 28, Fuel System.
(e) Unsafe Condition
This AD was prompted by incorrect wire
support clamps installed within the left
environmental cooling systems (ECS) bay,
which could allow wiring to come in contact
with the exposed metal of the improper
clamp. We are issuing this AD to prevent
electrical arcing and a potential ignition
source, which in combination with
flammable fuel vapors could result in a fuel
tank explosion, and consequent loss of the
airplane.
ANM–130S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue SW.,
Renton, WA 98057–3356; phone: 425–917–
6482; fax: 425–917–6590; email:
georgios.roussos@faa.gov.
(2) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Data & Services
Management, P. O. Box 3707, MC 2H–65,
Seattle, Washington 98124–2207; telephone
206–544–5000, extension 1; fax 206–766–
5680; Internet https://
www.myboeingfleet.com. You may review
copies of the referenced service information
at the FAA, Transport Airplane Directorate,
1601 Lind Avenue SW., Renton, Washington.
For information on the availability of this
material at the FAA, call 425–227–1221.
Issued in Renton, Washington, on August
17, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2012–20967 Filed 8–24–12; 8:45 am]
BILLING CODE 4910–13–P
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
DEPARTMENT OF TRANSPORTATION
(g) Inspection and Corrective Actions
Within 60 months after the effective date
of this AD, do a detailed inspection for part
number TA0930034–10 wire support clamp,
and do all applicable related investigative
and corrective actions, in accordance with
the Accomplishment Instructions of Boeing
Special Attention Service Bulletin 737–28–
1303, dated April 26, 2012. Do all applicable
related investigative and corrective actions
before further flight.
14 CFR Part 39
(h) Parts Installation Prohibition
As of the effective date of this AD, no
person may install a wire support clamp that
is not part number (P/N) TA0930034–10
within the left ECS bay of any airplane.
(i) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Seattle Aircraft
Certification Office (ACO), FAA, has the
authority to approve AMOCs for this AD, if
requested using the procedures found in 14
CFR 39.19. 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 manager of the ACO, send it to the
attention of the person identified in the
Related Information section of this AD.
Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov.
(2) 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.
(j) Related Information
(1) For more information about this AD,
contact Georgios Roussos, Aerospace
Engineer, Systems and Equipment Branch,
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
Federal Aviation Administration
[Docket No. FAA–2012–0859; Directorate
Identifier 2012–NM–090–AD]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Proposed rule; rescission.
AGENCY:
We propose to rescind an
existing airworthiness directive (AD)
that applies to certain The Boeing
Company Model 737–600, –700, –700C,
–800 and –900 series airplanes; and
Model 757–200, –200PF, –200CB, and
–300 series airplanes. The existing AD
currently requires inspecting to
determine if certain motor-operated
shutoff valve actuators for the fuel tanks
are installed, and related investigative
and corrective actions if necessary. The
existing AD also requires revising the
Airworthiness Limitations (AWLs)
section of the Instructions for Continued
Airworthiness to incorporate AWL No.
28–AWL–21, No. 28–AWL–22, and No.
28–AWL–24 (for Model 737–600, –700,
–700C, –800 and –900 series airplanes);
and No. 28–AWL–23, No. 28–AWL–24,
and No. 28–AWL–25 (for Model 757–
200, –200PF, –200CB, and –300 series
airplanes). We issued that AD to prevent
electrical energy from lightning, hot
shorts, or fault current from entering the
fuel tank through the actuator shaft,
which could result in fuel tank
SUMMARY:
E:\FR\FM\27AUP1.SGM
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Federal Register / Vol. 77, No. 166 / Monday, August 27, 2012 / Proposed Rules
pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
explosions and consequent loss of the
airplane. Since we issued that AD, we
have received new data indicating that
the existing AD addresses that safety
concern, but also introduces a different
unsafe condition.
DATES: We must receive comments on
this proposed AD by October 11, 2012.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
• Hand Delivery: Deliver to the Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this proposed AD, contact Boeing
Commercial Airplanes, Attention: Data
& Services Management, P. O. Box 3707,
MC 2H–65, Seattle, WA 98124–2207;
telephone 206–544–5000, extension 1;
fax 206–766–5680; Internet https://
www.myboeingfleet.com. You may
review copies of the referenced service
information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue
SW., Renton, Washington. For
information on the availability of this
material at the FAA, call 425–227–1221.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
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
(phone: 800–647–5527) is in the
ADDRESSES section. Comments will be
available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT:
Rebel Nichols, Aerospace Engineer,
Propulsion Branch, ANM–140S, FAA,
Seattle Aircraft Certification Office,
1601 Lind Avenue SW., Renton, WA
98057–3356; phone: (425) 917–6509;
fax: (425) 917–6590; email:
Rebel.Nichols@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
VerDate Mar<15>2010
15:06 Aug 24, 2012
Jkt 226001
this proposed AD. Send your comments
to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2012–0859; Directorate Identifier
2012–NM–090–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 https://
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
On February 28, 2008, we issued AD
2008–06–03, Amendment 39–15415 (73
FR 13081, March 12, 2008), for certain
The Boeing Company Model 737–600,
–700, –700C, –800 and –900 series
airplanes; and Model 757–200, –200PF,
–200CB, and –300 series airplanes. That
AD requires inspecting to determine if
certain motor-operated shutoff valve
actuators for the fuel tanks are installed,
and related investigative and corrective
actions if necessary. That AD also
requires revising the AWL section of the
Instructions for Continued
Airworthiness to incorporate AWL No.
28–AWL–21, No. 28–AWL–22, and No.
28–AWL–24 (for Model 737–600, –700,
–700C, –800 and –900 series airplanes);
and No. 28–AWL–23, No. 28–AWL–24,
and No. 28–AWL–25 (for Model 757–
200, –200PF, –200CB, and –300 series
airplanes). That AD resulted from a
design review of the fuel tank systems.
We issued that AD to prevent electrical
energy from lightning, hot shorts, or
fault current from entering the fuel tank
through the actuator shaft, which could
result in fuel tank explosions and
consequent loss of the airplane.
Actions Since Existing AD 2008–06–03,
Amendment 39–15415 (73 FR 13081,
March 12, 2008) Was Issued
Since we issued AD 2008–06–03,
Amendment 39–15415 (73 FR 13081,
March 12, 2008), we discovered that the
corrective action addresses that safety
concern, but also introduces a different
unsafe condition. The manufacturer is
developing a more complete solution to
address both unsafe conditions. We will
consider additional rulemaking to
require a new solution once that
solution is developed, approved, and
available for accomplishment.
PO 00000
Frm 00007
Fmt 4702
Sfmt 4702
51723
FAA’s Conclusions
Upon further consideration, we have
determined that existing AD 2008–06–
03, Amendment 39–15415 (73 FR
13081, March 12, 2008), must be
rescinded. Accordingly, this proposed
AD would rescind AD 2008–06–03.
Rescission of AD 2008–06–03 would not
preclude the FAA from issuing another
related action or commit the FAA to any
course of action in the future.
Related Costs
AD 2008–06–03, Amendment 39–
15415 (73 FR 13081, March 12, 2008),
affects about 1,406 airplanes of U.S.
registry. The estimated cost of the
currently required actions for U.S.
operators was $112,480 per inspection,
and $337,440 per AWL revision; or $80
per inspection, and $240 per AWL
revision, per airplane. Rescinding AD
2008–06–03 would eliminate those
costs.
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 have 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 that the 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);
E:\FR\FM\27AUP1.SGM
27AUP1
51724
Federal Register / Vol. 77, No. 166 / Monday, August 27, 2012 / Proposed Rules
(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.
DEPARTMENT OF TRANSPORTATION
List of Subjects in 14 CFR Part 39
RIN 2120–AA64
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Airworthiness Directives; The Boeing
Company
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.
[Amended]
2. The FAA amends § 39.13 by
removing airworthiness directive (AD)
2008–06–03, Amendment 39–15415 (73
FR 13081, March 12, 2008), and adding
the following new AD:
The Boeing Company: Docket No. FAA–
2012–0859; Directorate Identifier 2012–
NM–090–AD.
Comments Due Date
(a) The FAA must receive comments on
this AD action by October 11, 2012.
Affected ADs
(b) This action rescinds AD 2008–06–03,
Amendment 39–15415 (73 FR 13081, March
12, 2008).
Applicability
pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
(c) This action applies to The Boeing
Company Model 737–600, –700, –700C, –800
and –900 series airplanes; and Model 757–
200, –200PF, –200CB, and –300 series
airplanes; certificated in any category; as
identified in Boeing Alert Service Bulletins
737–28A1207, dated February 15, 2007, and
757–28A0088, dated January 25, 2007.
Issued in Renton, Washington, on August
17, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2012–20968 Filed 8–24–12; 8:45 am]
BILLING CODE 4910–13–P
VerDate Mar<15>2010
15:06 Aug 24, 2012
14 CFR Part 39
[Docket No. FAA–2011–0258; Directorate
Identifier 2010–NM–191–AD]
Federal Aviation
Administration (FAA), DOT.
ACTION: Supplemental notice of
proposed rulemaking (NPRM);
reopening of comment period.
AGENCY:
The Proposed Amendment
§ 39.13
Federal Aviation Administration
Jkt 226001
We are revising an earlier
proposed airworthiness directive (AD)
for certain The Boeing Company Model
737–600, –700, –700C, –800, –900, and
–900ER series airplanes. That NPRM
proposed to require, for certain
airplanes, installing two warning level
indicator lights on each of the P1–3 and
P3–1 instrument panels in the flight
compartment. That NPRM also
proposed to require revising the
airplane flight manual to remove certain
requirements of previous AD actions,
and to advise the flightcrew of the
following changes: revised non-normal
procedures to use when a cabin altitude
warning or rapid depressurization
occurs, and revised cabin pressurization
procedures for normal operations. That
NPRM was prompted by a design
change in the cabin altitude warning
system that would address the
identified unsafe condition. This action
revises that NPRM by adding airplanes
to the applicability; adding airplanes to
the installation requirement, including,
for certain airplanes, replacing the
existing P5–16 and P5–10 panels; and,
for certain airplanes, replacing the basic
P5–16 panel with a high altitude
landing P5–16 panel. We are proposing
this supplemental NPRM to prevent
failure of the flightcrew to recognize and
react to a valid cabin altitude warning
horn, which could result in
incapacitation of the flightcrew due to
hypoxia (lack of oxygen in the body),
and consequent loss of control of the
airplane. Since these actions impose an
additional burden over that proposed in
the NPRM, we are reopening the
comment period to allow the public the
chance to comment on these proposed
changes.
DATES: We must receive comments on
this supplemental NPRM by October 11,
2012.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
SUMMARY:
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
For service information identified in
this proposed AD, contact Boeing
Commercial Airplanes, Attention: Data
& Services Management, P.O. Box 3707,
MC 2H–65, Seattle, Washington 98124–
2207; telephone 206–544–5000,
extension 1, fax 206–766–5680; Internet
https://www.myboeingfleet.com. You
may review copies of the referenced
service information at the FAA,
Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, Washington.
For information on the availability of
this material at the FAA, call 425–227–
1221.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
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
(phone: 800–647–5527) is in the
ADDRESSES section. Comments will be
available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT:
Jeffrey W. Palmer, Aerospace Engineer,
Systems and Equipment Branch, ANM–
130S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue SW., Renton,
Washington 98057–3356; phone: (425)
917–6472; fax: (425) 917–6590; email:
jeffrey.w.palmer@faa.gov.
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–2011–0258; Directorate Identifier
2010–NM–191–AD’’ at the beginning of
your comments. We specifically invite
E:\FR\FM\27AUP1.SGM
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Agencies
[Federal Register Volume 77, Number 166 (Monday, August 27, 2012)]
[Proposed Rules]
[Pages 51722-51724]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20968]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-0859; Directorate Identifier 2012-NM-090-AD]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Proposed rule; rescission.
-----------------------------------------------------------------------
SUMMARY: We propose to rescind an existing airworthiness directive (AD)
that applies to certain The Boeing Company Model 737-600, -700, -700C,
-800 and -900 series airplanes; and Model 757-200, -200PF, -200CB, and
-300 series airplanes. The existing AD currently requires inspecting to
determine if certain motor-operated shutoff valve actuators for the
fuel tanks are installed, and related investigative and corrective
actions if necessary. The existing AD also requires revising the
Airworthiness Limitations (AWLs) section of the Instructions for
Continued Airworthiness to incorporate AWL No. 28-AWL-21, No. 28-AWL-
22, and No. 28-AWL-24 (for Model 737-600, -700, -700C, -800 and -900
series airplanes); and No. 28-AWL-23, No. 28-AWL-24, and No. 28-AWL-25
(for Model 757-200, -200PF, -200CB, and -300 series airplanes). We
issued that AD to prevent electrical energy from lightning, hot shorts,
or fault current from entering the fuel tank through the actuator
shaft, which could result in fuel tank
[[Page 51723]]
explosions and consequent loss of the airplane. Since we issued that
AD, we have received new data indicating that the existing AD addresses
that safety concern, but also introduces a different unsafe condition.
DATES: We must receive comments on this proposed AD by October 11,
2012.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
Hand Delivery: Deliver to the Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management, P.
O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-5000,
extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com.
You may review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at the
FAA, call 425-227-1221.
Examining the AD Docket
You may examine the AD docket on the Internet at https://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 (phone: 800-647-5527) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT: Rebel Nichols, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: (425) 917-
6509; fax: (425) 917-6590; email: Rebel.Nichols@faa.gov.
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-2012-0859;
Directorate Identifier 2012-NM-090-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 https://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
On February 28, 2008, we issued AD 2008-06-03, Amendment 39-15415
(73 FR 13081, March 12, 2008), for certain The Boeing Company Model
737-600, -700, -700C, -800 and -900 series airplanes; and Model 757-
200, -200PF, -200CB, and -300 series airplanes. That AD requires
inspecting to determine if certain motor-operated shutoff valve
actuators for the fuel tanks are installed, and related investigative
and corrective actions if necessary. That AD also requires revising the
AWL section of the Instructions for Continued Airworthiness to
incorporate AWL No. 28-AWL-21, No. 28-AWL-22, and No. 28-AWL-24 (for
Model 737-600, -700, -700C, -800 and -900 series airplanes); and No.
28-AWL-23, No. 28-AWL-24, and No. 28-AWL-25 (for Model 757-200, -200PF,
-200CB, and -300 series airplanes). That AD resulted from a design
review of the fuel tank systems. We issued that AD to prevent
electrical energy from lightning, hot shorts, or fault current from
entering the fuel tank through the actuator shaft, which could result
in fuel tank explosions and consequent loss of the airplane.
Actions Since Existing AD 2008-06-03, Amendment 39-15415 (73 FR 13081,
March 12, 2008) Was Issued
Since we issued AD 2008-06-03, Amendment 39-15415 (73 FR 13081,
March 12, 2008), we discovered that the corrective action addresses
that safety concern, but also introduces a different unsafe condition.
The manufacturer is developing a more complete solution to address both
unsafe conditions. We will consider additional rulemaking to require a
new solution once that solution is developed, approved, and available
for accomplishment.
FAA's Conclusions
Upon further consideration, we have determined that existing AD
2008-06-03, Amendment 39-15415 (73 FR 13081, March 12, 2008), must be
rescinded. Accordingly, this proposed AD would rescind AD 2008-06-03.
Rescission of AD 2008-06-03 would not preclude the FAA from issuing
another related action or commit the FAA to any course of action in the
future.
Related Costs
AD 2008-06-03, Amendment 39-15415 (73 FR 13081, March 12, 2008),
affects about 1,406 airplanes of U.S. registry. The estimated cost of
the currently required actions for U.S. operators was $112,480 per
inspection, and $337,440 per AWL revision; or $80 per inspection, and
$240 per AWL revision, per airplane. Rescinding AD 2008-06-03 would
eliminate those costs.
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 have 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 that the 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);
[[Page 51724]]
(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.
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 removing airworthiness directive
(AD) 2008-06-03, Amendment 39-15415 (73 FR 13081, March 12, 2008), and
adding the following new AD:
The Boeing Company: Docket No. FAA-2012-0859; Directorate Identifier
2012-NM-090-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by October
11, 2012.
Affected ADs
(b) This action rescinds AD 2008-06-03, Amendment 39-15415 (73
FR 13081, March 12, 2008).
Applicability
(c) This action applies to The Boeing Company Model 737-600, -
700, -700C, -800 and -900 series airplanes; and Model 757-200, -
200PF, -200CB, and -300 series airplanes; certificated in any
category; as identified in Boeing Alert Service Bulletins 737-
28A1207, dated February 15, 2007, and 757-28A0088, dated January 25,
2007.
Issued in Renton, Washington, on August 17, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-20968 Filed 8-24-12; 8:45 am]
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