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[Federal Register Volume 77, Number 153 (Wednesday, August 8, 2012)]
[Proposed Rules]
[Pages 47330-47331]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19244]

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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 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 supersede an existing airworthiness directive (AD) that 
applies to certain The Boeing Company Model 767-200, -300, -300F, and -
400ER series airplanes. The proposed AD would have continued to require 
an inspection to determine if certain motor operated valve actuators 
for the fuel tanks are installed, and related investigative and 
corrective actions if necessary. That proposed AD would have added 
airplanes and, for certain airplanes, required additional inspections 
to determine if certain motor operated valve actuators for the fuel 
tanks are installed, and related

[[Page 47331]]

investigative and corrective actions if necessary. Since the proposed 
AD was issued, we have received new data indicating that the existing 
AD addresses that safety concern, but also introduces a different 
unsafe condition. Accordingly, the proposed AD is withdrawn.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 proposed rule, 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: Rebel.Nichols@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 of with a notice of proposed rulemaking (NPRM) to supersede 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 March 14, 2011 (76 FR 13534). That NPRM would have 
continued to require an inspection to determine if certain motor 
operated valve actuators for the fuel tanks are installed, and related 
investigative and corrective actions if necessary. That proposed AD 
would have added airplanes and, for certain airplanes, required 
additional inspections to determine if certain motor operated valve 
actuators for the fuel tanks are installed, and related investigative 
and corrective actions if necessary. That NPRM resulted from fuel 
system reviews conducted by the manufacturer. The proposed actions were 
intended 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 NPRM (76 FR 13534, March 14, 2011) Was Issued

    Since we issued the NPRM (76 FR 13534, March 14, 2011), we 
discovered that the corrective action mandated by AD 2009-22-13, 
Amendment 39-16066 (74 FR 55755, October 29, 2009), and subsequently 
the corrective actions proposed by the NPRM, address that safety 
concern, but also introduce a different unsafe condition. The 
manufacturer is developing a more complete solution to address both 
unsafe conditions.
    Accordingly, we have determined that the NPRM (76 FR 13534, March 
14, 2011), must be withdrawn. In addition, we are considering further 
rulemaking to rescind AD 2009-22-13, Amendment 39-16066 (74 FR 55755, 
October 29, 2009), and will consider requiring a new solution once it 
is developed, approved, and available for accomplishment.

FAA's Conclusions

    Upon further consideration, we have determined that the existing AD 
does not properly address the safety concern. Accordingly, the NPRM (76 
FR 13534, March 14, 2011) is withdrawn.
    Withdrawal of the NPRM (76 FR 13534, March 14, 2011) 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 (76 FR 13534, March 14, 
2011), 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-2011-0158, 
Directorate Identifier 2010-NM-118-AD, which was published in the 
Federal Register on March 14, 2011 (76 FR 13534).

    Issued in Renton, Washington, on July 31, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-19244 Filed 8-7-12; 8:45 am]
BILLING CODE 4910-13-P
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