[Federal Register Volume 80, Number 3 (Tuesday, January 6, 2015)]
[Proposed Rules]
[Page 422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30911]
[[Page 422]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-1319; Directorate Identifier 2012-NM-179-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 revise Airworthiness Directive (AD) 2012-12-15, which
applies to all The Boeing Company Model 757 airplanes. The NPRM would
have corrected errors in certain paragraph references in AD 2012-12-15;
continued to require revising the maintenance program by incorporating
new and revised fuel tank system limitations in the Airworthiness
Limitations (AWLs) section of the Instructions for Continued
Airworthiness; and continued to require the initial inspection of
certain repetitive AWL inspections to phase-in those inspections, and
repair if necessary. Since the proposed AD was issued, we have received
new data that the unsafe condition has been addressed by AD 2012-12-15,
and the compliance relief that would have been provided by the proposed
AD is no longer relevant. Accordingly, the proposed AD is withdrawn.
DATES: As of January 6, 2015, the proposed rule, which was published in
the Federal Register on January 30, 2013 (78 FR 6247), is withdrawn.
ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2012-
1319; 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 NPRM (78 FR 6247, January 30, 2013), the
regulatory evaluation, any comments received, and other information.
The address for the Docket Office (telephone 800-647-5527) is the
Docket 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: Jon Regimbal, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6506; fax: 425-917-6590; email: [email protected].
SUPPLEMENTARY INFORMATION:
Discussion
We proposed to amend part 39 of the Federal Aviation Regulations
(14 CFR part 39) with a notice of proposed rulemaking (NPRM) to revise
AD 2012-12-15, Amendment 39-17095 (77 FR 42964, July 23, 2012), which
applies to all The Boeing Company Model 757 airplanes. That NPRM was
published in the Federal Register on January 30, 2013 (78 FR 6247). The
NPRM would have corrected errors in certain paragraph references in AD
2012-12-15; continued to require revising the maintenance program by
incorporating new and revised fuel tank system limitations in the AWLs
section of the Instructions for Continued Airworthiness; and continued
to require the initial inspection of certain repetitive AWL inspections
to phase-in those inspections, and repair if necessary. The NPRM
resulted from the discovery of errors in certain paragraph references
in AD 2012-12-15. The proposed actions were intended to prevent the
potential for ignition sources inside fuel tanks caused by latent
failures, alterations, repairs, or maintenance actions, which in
combination with flammable fuel vapors, could result in a fuel tank
explosion and consequent loss of the airplane.
Actions Since NPRM (78 FR 6247, January 30, 2013) Was Issued
Since we issued the NPRM (78 FR 6247, January 30, 2013), commenters
identified errors in the service information that was referenced in the
NPRM. We reviewed those errors, considered the amount of time needed to
address those errors in the service information, and re-considered the
effect of the errors identified in AD 2012-12-15, Amendment 39-17095
(77 FR 42964, July 12, 2012). The identified errors in AD 2012-12-15
could have the unintended effect of implying that the grace period was
24 months after June 12, 2008 (which is the effective date of AD 2008-
10-11, Amendment 39-15517 (73 FR 25974, May 8, 2008)), which is earlier
than the intended 24 months after August 27, 2012 (the effective date
of AD 2012-12-15). In either case, the grace period will have passed
before the new, corrected AD would be effective. The compliance time
relief that would have been provided by the new, corrected AD is no
longer relevant, and there would be no benefit to publishing that new,
corrected AD.
FAA's Conclusions
Upon further consideration, we have determined that the compliance
time relief that would have been provided to operators by the NPRM (78
FR 6247, January 30, 2013) is no longer relevant. Accordingly, the NPRM
is withdrawn.
Withdrawal of the NPRM (78 FR 6247, January 30, 2013), 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 (78 FR 6247, January 30,
2013), 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-2012-1319,
Directorate Identifier 2012-NM-179-AD, which was published in the
Federal Register on January 30, 2013 (78 FR 6247).
Issued in Renton, Washington, on December 22, 2014.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-30911 Filed 1-5-15; 8:45 am]
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