[Federal Register Volume 78, Number 120 (Friday, June 21, 2013)]
[Proposed Rules]
[Pages 37497-37498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14861]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-0805; Directorate Identifier 2012-NM-117-AD]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Proposed rule; withdrawal.
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SUMMARY: The FAA withdraws a notice of proposed rulemaking (NPRM) that
proposed to rescind an existing airworthiness directive (AD) that
applies to certain The Boeing Company Model 767-200, -300, -300F, and -
400ER series airplanes. The proposed AD action would have rescinded the
existing AD, which requires an inspection to determine if certain motor
operated valve (MOV) actuators for the fuel tanks are installed, and
related investigative and corrective actions if necessary. Since the
proposed AD action was issued, we have determined that the proposed AD
action does not adequately address the safety concerns. Accordingly,
the proposed AD action is withdrawn.
ADDRESSES: 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 AD action, the proposed rule (77
FR 47329, August 8, 2012), the regulatory evaluation, any comments
received, and other information. The address for the Docket Office
(phone: 800-647-5527) is the Document Management Facility, U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC
20590.
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: [email protected].
SUPPLEMENTARY INFORMATION:
Discussion
We proposed to amend 14 CFR part 39 with a notice of proposed
rulemaking (NPRM) to rescind AD 2009-22-13, Amendment 39-16066 (74 FR
55755, October 29, 2009). That AD applies to the specified products.
The NPRM published in the Federal Register on August 8, 2012 (77 FR
47329). That NPRM proposed to rescind AD 2009-22-13, which requires an
inspection to determine if certain MOV actuators for the fuel tanks are
installed, and related investigative and corrective actions if
necessary. That AD resulted from fuel system reviews conducted by the
manufacturer. The proposed actions were intended to prevent an unsafe
condition from being introduced on airplanes affected by AD 2009-22-13.
Comments
We gave the public the opportunity to participate in considering
the proposal (77 FR 47329, August 8, 2012) to rescind AD 2009-22-13,
Amendment 39-16066 (74 FR 55755, October 29, 2009). The following
presents relevant comments received on the proposal and the FAA's
response.
Requests To Clarify ``Different Unsafe Condition''
UPS and Boeing requested clarification of the different unsafe
condition introduced by the actions required by AD 2009-22-13,
Amendment 39-16066 (74 FR 55755, October 29, 2009). UPS stated there is
no clear direction on which unsafe condition would have a greater
impact to the continued safe operation of the airplane, and
subsequently, it is not clear what further action should be done to
address airplanes on which the requirements of AD 2009-22-13 have been
accomplished.
We agree that clarification of the different unsafe condition is
necessary. AD 2009-22-13, Amendment 39-16066 (74 FR 55755, October 29,
2009), addresses the potential for an electrical current to flow
through certain MOV actuators into the fuel tank. The new MOV actuators
are required by AD 2009-22-13 for 11 to 13 locations (depending on
configuration) on the airplane, and that AD addresses an unsafe
condition related to Special Federal Aviation Regulation No. 88 (``SFAR
88'' (66 FR 23086, May 7, 2001), Amendment 21-78, and subsequent
Amendments 21-82 and 21-83). However, the new MOV actuators have been
found to have a risk of latent failure. At three of the 11 to 13
locations, this actuator failure could result in a different unsafe
condition--an inability to shut off fuel flow to an APU or engine
during an engine fire. This latent failure is not a safety risk in the
other eight to ten locations.
We have determined that AD 2009-22-13, Amendment 39-16066 (74 FR
55755, October 29, 2009), should not be rescinded, but should continue
to require actions that address SFAR 88-related safety. Because AD
2009-22-13 does address a significant safety risk, it is not in the
interest of safety to rescind that AD. For the new MOV actuators, we
are considering further rulemaking to address the three locations where
a latent failure of the actuator could result in a failure to shut off
fuel flow during an engine fire.
FAA's Conclusions
Upon further consideration, we have determined that the NPRM (77 FR
47329, August 8, 2012) does not adequately address the safety concern.
Accordingly, the NPRM is withdrawn.
Withdrawal of the NPRM (77 FR 47329, August 8, 2012) does not
preclude the FAA from issuing another related action or commit the FAA
to any course of action in the future.
Regulatory Impact
Since this action only withdraws an NPRM (77 FR 47329, August 8,
2012), it is neither a proposed nor a final rule and therefore is not
covered under Executive Order 12866, the Regulatory Flexibility Act, or
DOT Regulatory Policies and Procedures (44 FR 11034, February 26,
1979).
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
[[Page 37498]]
The Withdrawal
Accordingly, we withdraw the NPRM, Docket No. FAA-2012-0805,
Directorate Identifier 2012-NM-117-AD, which was published in the
Federal Register on August 8, 2012 (77 FR 47329).
Issued in Renton, Washington, on June 13, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-14861 Filed 6-20-13; 8:45 am]
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