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[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]

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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), DOT.

ACTION: Proposed rule; rescission.

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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 http://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 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 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 http://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]
BILLING CODE 4910-13-P
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