[Federal Register Volume 78, Number 177 (Thursday, September 12, 2013)]
[Proposed Rules]
[Pages 56182-56183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22187]
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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), 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 airworthiness directive (AD) 2008-06-03, which
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 The NPRM would have rescinded AD 2008-06-03, which
requires an inspection to determine if certain motor-operated shutoff
valve actuators for the fuel tanks are installed, and related
investigative and corrective actions if necessary. AD 2008-06-03 also
requires revising the Airworthiness Limitations (AWLs) section of the
Instructions for Continued Airworthiness to incorporate certain AWLs.
Since the NPRM was issued, we have determined that it does not
adequately address the safety concerns. Accordingly, the NPRM is
withdrawn.
DATES: As of September 12, 2013, the proposed rule, which was published
on August 27, 2012 (77 FR 51722), is withdrawn.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 51722, August 27, 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 2008-06-03, Amendment 39-15415 (73 FR
13081, March 12, 2008). AD 2008-06-03 applies to the specified
products. The NPRM published in the Federal Register on August 27, 2012
(77 FR 51722). The NPRM proposed to rescind AD 2008-06-03, which
requires an inspection to determine if certain motor-operated shutoff
valve actuators for the fuel tanks are installed, and related
investigative and corrective actions if necessary. AD 2008-06-03 also
requires revising the AWLs section of the Instructions for Continued
[[Page 56183]]
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). AD 2008-06-
03 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 2008-06-03.
Comments
We gave the public the opportunity to participate in considering
the proposal (77 FR 51722, August 27, 2012) to rescind AD 2008-03-03,
Amendment 39-15415 (73 FR 13081, March 12, 2008). The following
presents relevant comments received on the proposal and the FAA's
response to those comments.
Requests To Clarify ``Different Unsafe Condition''
FedEx, American Airlines, and Boeing requested clarification of the
different unsafe condition introduced by the actions required by AD
2008-06-03, Amendment 39-15415 (73 FR 13081, March 12, 2008). Boeing
also stated that the NPRM (77 FR 51722, August 27, 2012) does not
indicate if the different unsafe condition is applicable to all
actuator locations required by AD 2008-06-03.
We agree that clarification of the different unsafe condition is
necessary. AD 2008-06-03, Amendment 39-15415 (73 FR 13081, March 12,
2008), addresses the potential for an electrical current to flow
through certain motor-operated shutoff valve actuators into the fuel
tank. The new motor-operator valve (MOV) actuators are required by AD
2008-06-03 for three locations on Model 737 airplanes and six or seven
locations on Model 757 airplanes (depending on configuration); 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 motor-operated shutoff valve actuators have been
found to have a risk of latent failure. At two of the locations on
Model 737 airplanes and at three locations on Model 757 airplanes, this
actuator failure could result in a different unsafe condition--i.e., an
inability to shut off fuel flow to an auxiliary power unit (APU) (on
Model 757 airplanes only) or engine during an engine fire. This latent
failure is not a safety risk in the other three to four locations.
We have determined that AD 2008-06-03, Amendment 39-15415 (73 FR
13081, March 12, 2008), should not be rescinded, but should continue to
require actions that address SFAR 88-related safety. Because AD 2008-
06-03 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 certain locations where a
latent failure of the actuator could result in a failure to shut off
fuel flow during an engine fire.
Request To Extend Compliance Time
Allegiant Air supported the proposed rescission (77 FR 62833,
August 27, 2012) and requested that, if the FAA decided not to adopt
the rescission, the FAA provide an extension of the compliance time
required by AD 2008-06-03, Amendment 39-15415 (73 FR 13081, March 12,
2008), by using a ``global'' alternative method of compliance (AMOC).
Allegiant Air stated that the proposed rescission has brought
uncertainty to operators of the affected Model 737 and 757 airplanes.
We infer the subject of the uncertainty involves an operator still
needing to schedule time to do the required actions prior to the
compliance time required in AD 2008-06-03.
We disagree. We have not received any AMOC requests to extend the
compliance time. We also have not received justification to extend an
AMOC to all the airplanes affected by AD 2008-06-03, Amendment 39-15415
(73 FR 13081, March 12, 2008). However, under the provisions of
paragraph (i) of AD 2008-06-03, we will consider individual operator
requests for approval of an extension of the compliance time if
sufficient data are submitted to substantiate that the new compliance
time would provide an acceptable level of safety. We have determined
that no change to AD 2008-06-03 is necessary.
FAA's Conclusions
Upon further consideration, we have determined that the NPRM (77 FR
51722, August 27, 2012) does not adequately address the safety concern.
Accordingly, the NPRM is withdrawn.
Withdrawal of the NPRM (77 FR 51722, August 27, 2012) does not
preclude the FAA from issuing another related action nor commit the FAA
to any course of action in the future.
Regulatory Impact
Since this action only withdraws an NPRM (77 FR 51722, August 27,
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.
The Withdrawal
Accordingly, we withdraw the NPRM, Docket No. FAA-2012-0859,
Directorate Identifier 2012-NM-090-AD, which was published in the
Federal Register on August 27, 2012 (77 FR 51722).
Issued in Renton, Washington, on September 5, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-22187 Filed 9-11-13; 8:45 am]
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