2062 Federal Register / Vol. 75, No. 9 / Thursday, January 14, 2010 / Rules and Regulations 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act 

(44 U.S.C. 3501 et seq.), the Office of 

Management and Budget (OMB) has 

approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI Ageˆncia Nacional de 

Aviac ̧a ̃o Civil (ANAC) Airworthiness 

Directive 2008–09–01, dated September 30, 

2008, and the service information identified 

in Table 1 of this AD, for related information. 

TABLE 1—SERVICE INFORMATION

Embraer Service Bulletin— Revision— Dated— 

170–24–0019 ......................................................................... Original .................................................................................. December 6, 2006. 

170–24–0020 ......................................................................... Original .................................................................................. November 30, 2006. 

170–31–0020 ......................................................................... 01 ........................................................................................... May 21, 2008. 

Material Incorporated by Reference 

(i) You must use the service information 

contained in Table 2 of this AD as applicable, 

to do the actions required by this AD, unless 

the AD specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Empresa Brasileira de 

Aeronautica S.A. (EMBRAER), Technical 

Publications Section (PC 060), Av. Brigadeiro 

Faria Lima, 2170—Putim—12227–901 Sa ̃o 

Jose dos Campos—SP—BRASIL; telephone: 

+55 12 3927–5852 or +55 12 3309–0732; fax: 

+55 12 3927–7546; e-mail: 

distrib@embraer.com.br; Internet: http:// 

www.flyembraer.com. 

(3) You may review copies of the 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 or 425–227–1152. 

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, or go 

to: http://www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

TABLE 2—MATERIAL INCORPORATED BY REFERENCE

Embraer Service Bulletin— Revision— Dated— 

170–24–0019 ......................................................................... Original .................................................................................. December 6, 2006. 

170–24–0020 ......................................................................... Original .................................................................................. November 30, 2006. 

170–31–0020 ......................................................................... 01 ........................................................................................... May 21, 2008. 

Issued in Renton, Washington, on 

December 28, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–212 Filed 1–13–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0657; Directorate 

Identifier 2009–NM–048–AD; Amendment 

39–16175; AD 2010–02–04] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Model 737–600, –700, –700C, 

–800, –900, and –900ER Series 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Model 737–600, –700, –700C, –800, 

–900, and –900ER series airplanes. This 

AD requires replacing the engine fuel 

shutoff valves for the left and right main 

tanks. This AD results from a report of 

a failed engine start, which was caused 

by an internally fractured engine fuel 

shutoff valve. We are issuing this AD to 

prevent the failure of the valve in the 

closed position, open position, or 

partially open position, which could 

result in engine fuel flow problems and 

possible uncontrolled fuel leak or fire. 

DATES: This AD is effective February 18, 

2010. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of February 18, 2010. 

ADDRESSES: 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. 

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 AD, the regulatory 

evaluation, any comments received, and 

other information. The address for the 

Docket Office (telephone 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: 

Samuel Spitzer, Aerospace Engineer, 

Propulsion Branch, ANM–140S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 917–6510; fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an airworthiness 

directive (AD) that would apply to 

certain Model 737–600, –700, –700C, 

–800, –900, and –900ER series 

airplanes. That NPRM was published in 

the Federal Register on July 29, 2009 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 75, No. 9 / Thursday, January 14, 2010 / Rules and Regulations 2063 

(74 FR 37657). That NPRM proposed to 

require replacing the engine fuel shutoff 

valves for the left and right main tanks. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comments received from 

the commenters. 

Support for the NPRM 

Boeing concurs with the contents of 

the NPRM. Continental Airlines has no 

technical objections to the NPRM. 

Request To Clarify Use of Valve Bodies 

Continental Airlines states that the 

NPRM affects the engine fuel shutoff 

valves, and paragraph (i) of the NPRM 

prohibits installing any valve with ITT 

Aerospace Controls part number 

125334D–1 (Boeing part number 

S343T003–40) that has been removed 

from the spar location on any airplane 

in any location unless it has been 

modified in accordance with Boeing 

Service Bulletin 737–28–1272, dated 

October 31, 2008, to the new ITT 

125334D–2 part number (Boeing part 

number S343T003–67). 

We infer that Continental Airlines 

asks that we clarify whether the 

removed valve can be reused on 

airplanes in any location. We agree to 

provide clarification. These valves may 

not be used in any location on the 

airplane unless they have been modified 

in accordance with Boeing Service 

Bulletin 737–28–1272, dated October 

31, 2008, to the new ITT 125334D–2 

part number (Boeing part number 

S343T003–67). We have not changed 

the AD in this regard. 

Request To Increase the Cost of 

Compliance 

Air Transport Association (ATA), on 

behalf of its member American Airlines, 

requests that we increase the costs of 

compliance to reflect 34 work-hours 

instead of 26 work-hours. ATA states 

that the ITT Aerospace Controls service 

bulletin includes 4 hours for each 

engine fuel spar valve body. Each 

Boeing Model 737–600, –700, –700C, 

–800, –900, and –900ER series airplane 

has 2 valve bodies in the engine fuel 

shutoff valve position. 

We disagree with the request to 

increase the cost of compliance. Boeing 

Service Bulletin 737–28–1272, dated 

October 31, 2008, provides the option to 

return the valve to the supplier for 

modification, and therefore, the actions 

identified by the commenter are not 

mandatory. Because the additional costs 

cited by the ATA are optional to 

operators, we do not consider those 

costs in our determination of the cost of 

compliance. We have not changed the 

AD in this regard. 

Request To Extend the Compliance 

Time 

ATA, on behalf of its member 

American Airlines, requests that we 

extend the compliance time from 60 

months to 72 months after the effective 

date of the AD. The commenter states 

that maintenance schedules may not 

allow for accomplishment of the 

required actions on all affected aircraft 

within the compliance time, depending 

on the effective date of the AD. 

We disagree with the request to 

extend the compliance time. The 60- 

month compliance time was established 

to maintain an acceptable level of safety 

across the 737 fleet in consideration of 

the valve failure rate, consequence of 

the failure, and practicality of 

incorporating the corrective actions. The 

commenter has not offered rationale for 

extending the compliance time. In 

developing an appropriate compliance 

time for this action, we considered the 

urgency associated with the subject 

unsafe condition, the availability of 

required parts, and the practical aspect 

of accomplishing the required 

modification within a period of time 

that corresponds to the normal 

scheduled maintenance for most 

affected operators. According to the 

manufacturer, an ample number of 

required parts will be available to 

modify the U.S. fleet within the 

proposed compliance time. However, 

according to the provisions of paragraph 

(j) of the final rule, we may approve 

requests to adjust the compliance time 

if the request includes data that prove 

the new compliance time would provide 

an acceptable level of safety. We have 

not changed the AD in this regard. 

Explanation of Changes Made to This 

AD 

We have revised this AD to identify 

the legal name of the manufacturer as 

published in the most recent type 

certificate data sheet for the affected 

airplane models. 

Conclusion 

We have carefully reviewed the 

available data, including the comments 

that have been received, and determined 

that air safety and the public interest 

require adopting the AD with the 

changes described previously. We have 

determined that these changes will 

neither increase the economic burden 

on any operator nor increase the scope 

of the AD. 

Costs of Compliance 

We estimate that this AD affects 883 

airplanes of U.S. registry. We also 

estimate that it takes 26 work-hours per 

product to comply with this AD. The 

average labor rate is $80 per work-hour. 

Required parts cost up to $8,496 per 

product. Based on these figures, we 

estimate the cost of this AD to the U.S. 

operators to be up to $9,338,608, or 

$10,576 per product. 

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 

This AD will not have federalism 

implications under Executive Order 

13132. This AD will 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 this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Is not a ‘‘significant rule’’ under 

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. 

You can find our regulatory 

evaluation and the estimated costs of 

compliance in the AD Docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
2064 Federal Register / Vol. 75, No. 9 / Thursday, January 14, 2010 / Rules and Regulations 

Adoption of the Amendment 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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 adding 

the following new AD: 

2010–02–04 The Boeing Company: 

Amendment 39–16175. Docket No. 

FAA–2009–0657; Directorate Identifier 

2009–NM–048–AD. 

Effective Date 

(a) This airworthiness directive (AD) is 

effective February 18, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to The Boeing 

Company Model 737–600, –700, –700C, 

–800, –900, and –900ER series airplanes, 

certificated in any category; as identified in 

Boeing Service Bulletin 737–28–1272, dated 

October 31, 2008. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 28: Fuel. 

Unsafe Condition 

(e) This AD requires replacing engine fuel 

shutoff valves for the left and right main 

tanks. This AD results from a report of a 

failed engine start, which was caused by an 

internally fractured engine fuel shutoff valve. 

We are issuing this AD to prevent the failure 

of the valve in the closed position, open 

position, or partially open position, which 

could result in engine fuel flow problems and 

possible uncontrolled fuel leak or fire. 

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. 

Replacement of the Engine Fuel Spar Valve 

Body of the Left and Right Wing Main Tanks 

(g) Within 60 months after the effective 

date of this AD: Replace the engine fuel spar 

valve bodies of the left and right wing main 

tanks in accordance with the 

Accomplishment Instructions of Boeing 

Service Bulletin 737–28–1272, dated October 

31, 2008. 

Note 1: Boeing Service Bulletin 737–28– 

1272, dated October 31, 2008, refers to ITT 

Aerospace Controls Service Bulletin 

125334D–28–02, dated August 27, 2008, as 

an additional source of guidance for 

modifying the valve body assembly. 

Parts Installation 

(h) As of the effective date of this AD, no 

person may install any engine fuel shutoff 

valve with ITT Aerospace Controls part 

number 125334D–1 (Boeing part number 

S343T003–40) on any airplane at the spar 

valve location. A valve that has been 

modified in accordance with Boeing Service 

Bulletin 737–28–1272, dated October 31, 

2008, to the new ITT 125334D–2 part number 

(Boeing part number S343T003–67) may be 

installed at the spar valve location. 

(i) As of the effective date of this AD, no 

valve with ITT Aerospace Controls part 

number 125334D–1 (Boeing part number 

S343T003–40) that has been removed from 

the spar location may be reinstalled on any 

airplane in any location unless it has been 

modified in accordance with Boeing Service 

Bulletin 737–28–1272, dated October 31, 

2008, to the new ITT 125334D–2 part number 

(Boeing part number S343T003–67). 

Alternative Methods of Compliance 

(AMOCs) 

(j)(1) The Manager, Seattle Aircraft 

Certification Office, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

Send information to ATTN: Samuel Spitzer, 

Aerospace Engineer, Propulsion Branch, 

ANM–140S, FAA, Seattle Aircraft 

Certification Office, 1601 Lind Avenue, SW., 

Renton, Washington 98057–3356; telephone 

(425) 917–6510; fax (425) 917–6590. Or, 

e-mail information to 9-ANM-Seattle-ACOAMOC-Requests@faa.gov. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your principal maintenance inspector 

(PMI) or principal avionics inspector (PAI), 

as appropriate, or lacking a principal 

inspector, your local Flight Standards District 

Office. The AMOC approval letter must 

specifically reference this AD. 

Material Incorporated by Reference 

(k) You must use Boeing Service Bulletin 

737–28–1272, dated October 31, 2008, to do 

the actions required by this AD, unless the 

AD specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) 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. 

(3) You may review copies of the 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 or 425–227–1152. 

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, or go 

to: http://www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on 

December 30, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–398 Filed 1–13–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0236; Directorate 

Identifier 2009–NE–06–AD; Amendment 39– 

16162; AD 2010–01–05] 

RIN 2120–AA64 

Airworthiness Directives; CFM 

International, S.A. CFM56–7B Series 

Turbofan Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for CFM 

International, S.A. CFM56–7B series 

turbofan engines. This AD requires 

initial and repetitive eddy current 

inspections (ECIs) of certain part 

number (P/N) low-pressure (LP) turbine 

rear frames. This AD results from a 

refined life analysis by the engine 

manufacturer that shows the need to 

identify an initial and repetitive 

inspection threshold for inspecting 

certain LP turbine rear frames. We are 

issuing this AD to prevent failure of the 

LP turbine rear frame from low-cyclefatigue cracks. Failure of the LP turbine 

rear frame could result in engine 

separation from the airplane, possibly 

leading to loss of control of the airplane. 

DATES: This AD becomes effective 

February 18, 2010. The Director of the 

Federal Register approved the 

incorporation by reference of certain 

publications listed in the regulations as 

of February 18, 2010. 

ADDRESSES: You can get the service 

information identified in this AD from 

CFM International, Technical 

Publications Department, 1 Neumann 

Way, Cincinnati, OH 45215; telephone 

(513) 552–2800; fax (513) 552–2816. 

The Docket Operations office is 

located at Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1