13534 Federal Register / Vol. 76, No. 49 / Monday, March 14, 2011 / Proposed Rules 

and data about the costs, burdens, and 

benefits of existing regulations? 

(11) Are there existing sources of data 

SBA can use to evaluate the postpromulgation effects of regulations over 

time? 

(12) Are there regulations that are 

working well that can be expanded or 

used as a model to fill gaps in other SBA 

regulatory programs? 

SBA notes that this RFI is issued 

solely for information and planning 

purposes and that the Agency is not 

bound to any further actions related to 

the comments submitted. All 

submissions will be made publically 

available on http://www.regulations.gov. 

All comments received are considered 

part of the public record and made 

available for public inspection online at 

http://www.regulations.gov. Such 

information includes personal 

identifying information (e.g. your name, 

address, etc.) voluntarily submitted by 

the commenter. 

Authority: 15 U.S.C. 5(b)(6). 

Dated: March 8, 2011. 

Sara D. Lipscomb, 

General Counsel. 

[FR Doc. 2011–5839 Filed 3–11–11; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0158; Directorate 

Identifier 2010–NM–118–AD] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Model 767–200, –300, –300F, 

and –400ER Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to 

supersede an existing airworthiness 

directive (AD) that applies to certain 

Model 767–200, -300, -300F, and -400ER 

series airplanes. The existing AD 

currently requires an inspection to 

determine if certain motor operated 

valve actuators for the fuel tanks are 

installed, and related investigative and 

corrective actions if necessary. This 

proposed AD would add airplanes and, 

for certain airplanes, require additional 

inspections to determine if certain 

motor operated valve actuators for the 

fuel tanks are installed, and related 

investigative and corrective actions if 

necessary. This proposed AD results 

from fuel system reviews conducted by 

the manufacturer. We are proposing this 

AD to prevent an ignition source inside 

the fuel tanks, which, in combination 

with flammable fuel vapors, could result 

in a fuel tank explosion and consequent 

loss of the airplane. 

DATES: We must receive comments on 

this proposed AD by April 28, 2011. 

ADDRESSES: You may send comments 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: 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; e-mail 

me.boecom@boeing.com; 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 

(telephone 800–647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: 

Douglas Bryant, Aerospace Engineer, 

Propulsion Branch, ANM–140S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue SW., Renton, 

Washington 98057–3356; telephone 

425–917–6505; fax 425–917–6590; email douglas.n.bryant@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–2011–0158; Directorate Identifier 

2010–NM–118–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 October 19, 2009, we issued AD 

2009–22–13, amendment 39–16066 (74 

FR 55755, October 29, 2009), for certain 

Boeing Model 767–200, –300, –300F, 

and –400ER series airplanes. That AD 

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. That AD resulted 

from fuel system reviews conducted by 

the manufacturer. We issued that AD to 

prevent an ignition source inside the 

fuel tanks, which, in combination with 

flammable fuel vapors, could result in a 

fuel tank explosion and consequent loss 

of the airplane. 

Actions Since Existing AD Was Issued 

Since we issued AD 2009–22–13, 

Boeing issued a revision to Boeing Alert 

Service Bulletin 767–28A0090, dated 

July 3, 2008 (which was referenced as a 

source of service information in AD 

2009–22–13). Boeing Service Bulletin 

767–28A0090, Revision 2, dated 

September 2, 2010, corrects the group 

configuration assignment for certain 

airplanes, adds airplanes to the 

effectivity, and adds additional work for 

certain airplanes that accomplished 

Boeing Alert Service Bulletin 767– 

28A0090, dated July 3, 2008; or Boeing 

Service Bulletin 767–28A0090, Revision 

1, dated April 1, 2010. The actions 

described in Boeing Service Bulletin 

767–28A0090, Revision 2, dated 

September 2, 2010, are similar to those 

described in Boeing Alert Service 

Bulletin 767–28A0090, dated July 3, 

2008. 


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Federal Register / Vol. 76, No. 49 / Monday, March 14, 2011 / Proposed Rules 13535 

The airplanes that were assigned to 

the wrong group configuration (Group 3 

instead of Group 2) and accomplished 

the requirements of AD 2009–22–13 in 

accordance with Boeing Alert Service 

Bulletin 767–28A0090, dated July 3, 

2008, need to do additional inspections 

to determine if certain motor operated 

valve actuators for the fuel tanks are 

installed, and related investigative and 

corrective actions if necessary, in 

accordance with Boeing Service Bulletin 

767–28A0090, Revision 2, dated 

September 2, 2010 (the new group 

configuration has more work packages 

than the old group configuration). 

The airplanes that were assigned to 

the wrong group configuration (Group 4 

instead of Group 1) in Boeing Alert 

Service Bulletin 767–28A0090, dated 

July 3, 2008; or Boeing Service Bulletin 

767–28A0090, Revision 1, dated April 1, 

2010; and accomplished actions using 

either of those service bulletins need to 

do additional inspections to determine 

if certain MOV actuators for the fuel 

tanks are installed, and related 

investigative and corrective actions if 

necessary, in accordance with Boeing 

Service Bulletin 767–28A0090, Revision 

2, dated September 2, 2010 (the new 

group configuration has more work 

packages than the old group 

configuration). 

FAA’s Determination and Requirements 

of the Proposed AD 

We have evaluated all pertinent 

information and identified an unsafe 

condition that is likely to develop on 

other airplanes of the same type design. 

For this reason, we are proposing this 

AD, which would supersede AD 2009– 

22–13 and would retain the 

requirements of the existing AD. This 

proposed AD would also require, for 

certain airplanes, accomplishing the 

actions specified in the Boeing Service 

Bulletin 767–28A0090, Revision 2, 

dated September 2, 2010, described 

previously. 

Costs of Compliance 

There are about 398 airplanes of U.S. 

registry. The following table provides 

the estimated costs for U.S. operators to 

comply with this proposed AD. 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per product Cost on U.S. operators 

Inspection for presence of 

MOV actuators (required by 

AD 2009–22–13).

Between 2 and 4 work-hours × 

$85 per hour = Between 

$170 and $340.

none ........ Between $170 and $340 ......... Between $67,660 and 

$135,320. 

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); and 

3. 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. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this proposed AD and placed it in the 

AD docket. See the ADDRESSES section 

for a location to examine the regulatory 

evaluation. 

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. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by 

removing amendment 39–16066 (74 FR 

55755, October 29, 2009) and adding the 

following new AD: 

The Boeing Company: Docket No. FAA– 

2011–0158; Directorate Identifier 2010– 

NM–118–AD. 

Comments Due Date 

(a) The FAA must receive comments on 

this AD action by April 28, 2011. 

Affected ADs 

(b) This AD supersedes AD 2009–22–13, 

Amendment 39–16066. 

Applicability 

(c) This AD applies to The Boeing 

Company Model 767–200, –300, –300F, and 

–400ER series airplanes, certificated in any 

category; as identified in Boeing Service 

Bulletin 767–28A0090, Revision 2, dated 

September 2, 2010. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 28: Fuel. 

Unsafe Condition 

(e) This AD results from fuel system 

reviews conducted by the manufacturer. The 

Federal Aviation Administration is issuing 

this AD to prevent an ignition source inside 

the fuel tanks, which, in combination with 

flammable fuel vapors, could result in a fuel 

tank explosion and consequent loss of the 

airplane. 

Compliance 

(f) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 


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13536 Federal Register / Vol. 76, No. 49 / Monday, March 14, 2011 / Proposed Rules 

Restatement of Requirements of AD 2009– 

22–13, With Revised Service Information 

Inspection and Related Investigative/ 

Corrective Actions 

(g) For Model 767–200, –300, –300F, and 

–400ER series airplanes, as identified in 

Boeing Alert Service Bulletin 767–28A0090, 

dated July 3, 2008: Within 60 months after 

December 3, 2009 (the effective date of AD 

2009–22–13), do the actions in paragraphs 

(g)(1) and (g)(2) of this AD. 

(1) Inspect the motor operated valves 

(MOVs) in the main and center fuel tanks to 

determine if any MOV having part number 

(P/N) MA20A1001–1 is installed, in 

accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

767–28A0090, dated July 3, 2008; or Boeing 

Service Bulletin 767–28A0090, Revision 2, 

dated September 2, 2010. A review of 

airplane maintenance records is acceptable in 

lieu of this inspection if the part number can 

be conclusively determined from that review. 

After the effective date of this AD, only 

Revision 2 may be used. 

(2) Do all applicable related investigative 

and corrective actions specified in and in 

accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

767–28A0090, dated July 3, 2008; or Boeing 

Service Bulletin 767–28A0090, Revision 2, 

dated September 2, 2010; except as provided 

by paragraph (h) of this AD. After the 

effective date of this AD, only Revision 2 may 

be used. 

Alternative Part Numbers 

(h) Where Boeing Alert Service Bulletin 

767–28A0090, dated July 3, 2008; or Boeing 

Service Bulletin 767–28A0090, Revision 2, 

dated September 2, 2010; specifies replacing 

any actuator having P/N MA20A1001–1 with 

a new actuator having P/N MA30A1001, a 

serviceable actuator having any of the 

following part numbers is also acceptable as 

a replacement part: MA30A1001; 

MA20A2027 (S343T003–56); MA11A1265–1 

(S343T003–41); or AV–31–1 (S343T003– 

111). 

New Requirements of This AD 

Inspection and Related Investigative/ 

Corrective Actions for Additional Airplanes 

(i) For airplanes that are identified in 

Boeing Service Bulletin 767–28A0090, 

Revision 2, dated September 2, 2010, but are 

not identified in paragraph (g) of this AD: 

Within 60 months after December 3, 2009, do 

the actions required by paragraph (g) of this 

AD in accordance with Boeing Service 

Bulletin 767–28A0090, Revision 2, dated 

September 2, 2010. 

Revised Inspection and Related 

Investigative/Corrective Actions Instructions 

for Certain Airplanes 

(j) For airplanes having variable numbers 

(VNs) VN921, VN922, and VN966 through 

VN972 inclusive, that accomplished the 

actions required in paragraph (g) of this AD 

before the effective date of this AD in 

accordance with Boeing Alert Service 

Bulletin 767–28A0090, dated July 3, 2008: 

Within 60 months after December 3, 2009, do 

the actions specified in paragraphs (j)(1) and 

(j)(2) of this AD. 

(1) Inspect the motor operated valves 

(MOVs) in the main and center fuel tanks to 

determine if any MOV having part number 

(P/N) MA20A1001–1 is installed, in 

accordance with Work Packages 2, 3, 4, and 

5 of the Accomplishment Instructions of 

Boeing Service Bulletin 767–28A0090, 

Revision 2, dated September 2, 2010. A 

review of airplane maintenance records is 

acceptable in lieu of this inspection if the 

part number can be conclusively determined 

from that review. 

(2) Do all applicable related investigative 

and corrective actions specified in and in 

accordance with Work Packages 2, 3, 4, and 

5 of the Accomplishment Instructions of 

Boeing Service Bulletin 767–28A0090, 

Revision 2, dated September 2, 2010; except 

as provided by paragraph (h) of this AD. 

(k) For airplanes having VNs VF181 

through VF184 inclusive that accomplished 

the actions required in paragraph (g) of this 

AD before the effective date of this AD in 

accordance with Boeing Alert Service 

Bulletin 767–28A0090, dated July 3, 2008; or 

Boeing Service Bulletin 767–28A0090, 

Revision 1, dated April 1, 2010: Within 60 

months after December 3, 2009, do the 

actions in paragraphs (k)(1) and (k)(2) of this 

AD. 

(1) Inspect the motor operated valves 

(MOVs) in the main and center fuel tanks to 

determine if any MOV having part number 

(P/N) MA20A1001–1 is installed, in 

accordance with Work Packages 2, 3, 4, and 

5 of the Accomplishment Instructions of 

Boeing Service Bulletin 767–28A0090, 

Revision 2, dated September 2, 2010. A 

review of airplane maintenance records is 

acceptable in lieu of this inspection if the 

part number can be conclusively determined 

from that review. 

(2) Do all applicable related investigative 

and corrective actions specified in and in 

accordance with Work Packages 2, 3, 4, and 

5 of the Accomplishment Instructions of 

Boeing Service Bulletin 767–28A0090, 

Revision 2, dated September 2, 2010; except 

as provided by paragraph (h) of this AD. 

Credit for Actions Accomplished in 

Accordance With Previous Service 

Information 

(l) Actions done before the effective date of 

this AD in accordance with Boeing Service 

Bulletin 767–28A0090, Revision 1, dated 

April 1, 2010, are acceptable for compliance 

with the requirements of paragraphs (i) and 

(j) of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(m)(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 e-mailed 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. 

(3) AMOCs approved previously for AD 

2009–22–13 are approved as AMOCs for the 

corresponding provisions of this AD. 

Related Information 

(n) For more information about this AD, 

contact Douglas Bryant, Aerospace Engineer, 

Propulsion Branch, ANM–140S, FAA, Seattle 

ACO, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 425– 

917–6505; fax 425–917–6590; e-mail: 

douglas.n.bryant@faa.gov. 

(o) 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; e-mail me.boecom@boeing.com; 

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 March 4, 

2011. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2011–5721 Filed 3–11–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0159; Directorate 

Identifier 2010–NM–246–AD] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc. Model CL–600–2C10 (Regional Jet 

Series 700, 701, & 702), Model CL–600– 

2D15 (Regional Jet Series 705), and 

Model CL–600–2D24 (Regional Jet 

Series 900) Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

AD results from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

An inspection by the vendor revealed that 

a number of Rubber Bull Gears (RBG) in the 


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