Federal Register / Vol. 78, No. 120 / Friday, June 21, 2013 / Proposed Rules 37497 

No telefacsimilies (faxes) will be 

accepted. 

Docket: The docket is available for 

review at www.regulations.gov, 

including Federal Register notices, 

public meeting attendee lists and 

transcripts, comments, and other 

supporting documents/materials. All 

documents in the docket are listed in 

the www.regulations.gov index. 

However, not all documents listed in 

the index may be publicly available, 

such as information that is exempt from 

public disclosure. 

The Secretary of Energy has approved 

publication of today’s notice of 

proposed rulemaking. 

Issued in Washington, DC, on June 17, 

2013. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2013–14847 Filed 6–20–13; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0805; Directorate 

Identifier 2012–NM–117–AD] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Proposed rule; withdrawal. 

SUMMARY: The FAA withdraws a notice 

of proposed rulemaking (NPRM) that 

proposed to rescind an existing 

airworthiness directive (AD) that 

applies to certain The Boeing Company 

Model 767–200, –300, –300F, and 

–400ER series airplanes. The proposed 

AD action would have rescinded the 

existing AD, which 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. Since the proposed AD 

action was issued, we have determined 

that the proposed AD action does not 

adequately address the safety concerns. 

Accordingly, the proposed AD action 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withdrawn.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 AD action, the 

proposed rule (77 FR 47329, August 8, 

2012), 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 proposed to amend 14 CFR part 

39 with a notice of proposed rulemaking 

(NPRM) to rescind 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 

August 8, 2012 (77 FR 47329). That 

NPRM proposed to rescind AD 2009– 

22–13, which requires an inspection to 

determine if certain 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. The proposed actions 

were intended to prevent an unsafe 

condition from being introduced on 

airplanes affected by AD 2009–22–13. 

Comments 

We gave the public the opportunity to 

participate in considering the proposal 

(77 FR 47329, August 8, 2012) to rescind 

AD 2009–22–13, Amendment 39–16066 

(74 FR 55755, October 29, 2009). The 

following presents relevant comments 

received on the proposal and the FAA’s 

response. 

Requests To Clarify ‘‘Different Unsafe 

Condition’’ 

UPS and Boeing requested 

clarification of the different unsafe 

condition introduced by the actions 

required by AD 2009–22–13, 

Amendment 39–16066 (74 FR 55755, 

October 29, 2009). UPS stated there is 

no clear direction on which unsafe 

condition would have a greater impact 

to the continued safe operation of the 

airplane, and subsequently, it is not 

clear what further action should be done 

to address airplanes on which the 

requirements of AD 2009–22–13 have 

been accomplished. 

We agree that clarification of the 

different unsafe condition is necessary. 

AD 2009–22–13, Amendment 39–16066 

(74 FR 55755, October 29, 2009), 

addresses the potential for an electrical 

current to flow through certain MOV 

actuators into the fuel tank. The new 

MOV actuators are required by AD 

2009–22–13 for 11 to 13 locations 

(depending on configuration) on the 

airplane, and that AD addresses an 

unsafe condition related to Special 

Federal Aviation Regulation No. 88 

(‘‘SFAR 88’’ (66 FR 23086, May 7, 2001), 

Amendment 21–78, and subsequent 

Amendments 21–82 and 21–83). 

However, the new MOV actuators have 

been found to have a risk of latent 

failure. At three of the 11 to 13 

locations, this actuator failure could 

result in a different unsafe condition— 

an inability to shut off fuel flow to an 

APU or engine during an engine fire. 

This latent failure is not a safety risk in 

the other eight to ten locations. 

We have determined that AD 2009– 

22–13, Amendment 39–16066 (74 FR 

55755, October 29, 2009), should not be 

rescinded, but should continue to 

require actions that address SFAR 88- 

related safety. Because AD 2009–22–13 

does address a significant safety risk, it 

is not in the interest of safety to rescind 

that AD. For the new MOV actuators, we 

are considering further rulemaking to 

address the three locations where a 

latent failure of the actuator could result 

in a failure to shut off fuel flow during 

an engine fire. 

FAA’s Conclusions 

Upon further consideration, we have 

determined that the NPRM (77 FR 

47329, August 8, 2012) does not 

adequately address the safety concern. 

Accordingly, the NPRM is withdrawn. 

Withdrawal of the NPRM (77 FR 

47329, August 8, 2012) 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 (77 FR 47329, August 8, 2012), 

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. 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
37498 Federal Register / Vol. 78, No. 120 / Friday, June 21, 2013 / Proposed Rules 

The Withdrawal 

Accordingly, we withdraw the NPRM, 

Docket No. FAA–2012–0805, Directorate 

Identifier 2012–NM–117–AD, which 

was published in the Federal Register 

on August 8, 2012 (77 FR 47329). 

Issued in Renton, Washington, on June 13, 

2013. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–14861 Filed 6–20–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0463; Directorate 

Identifier 2012–NM–165–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

Airbus Model A330–200, –200 

Freighter, and –300 series airplanes. 

This proposed AD was prompted by a 

report that a certain wire harness 

located in the tail cone has wiring of a 

narrower gauge than design requires. 

This proposed AD would require 

replacing the affected wire harness. We 

are proposing this AD to prevent 

damage to the affected wiring, which 

could create an ignition source in an 

area that might contain fuel vapors, 

possibly resulting in an uncontrolled 

fire and subsequent loss of the airplane. 

DATES: We must receive comments on 

this proposed AD by August 5, 2013. 

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, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

For service information identified in 

this proposed AD, contact Airbus SAS— 

Airworthiness Office—EAL, 1 Rond 

Point Maurice Bellonte, 31707 Blagnac 

Cedex, France; telephone +33 5 61 93 36 

96; fax +33 5 61 93 45 80; email 

airworthiness.A330-A340@airbus.com; 

Internet http://www.airbus.com. You 

may review copies of the referenced 

service information at the FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue SW., Renton, WA. 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 Operations office 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 Operations 

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: 

Vladimir Ulyanov, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue SW., Renton, WA 

98057–3356; phone: (425) 227–1138; 

fax: (425) 227–1149. 

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–2013–0463; Directorate Identifier 

2012–NM–165–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 based on 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 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2012–0182, 

dated September 11, 2012 (referred to 

after this as the Mandatory Continuing 

Airworthiness Information, or ‘‘the 

MCAI’’), to correct an unsafe condition 

for the specified products. The MCAI 

states: 

On a production aeroplane, it has been 

discovered that wires in harness 5877VB, 

installed in the Tail Cone (Section 19.1) and 

connected to the Auxiliary Power Unit 

starter, have a section smaller [narrower] 

than required by design. Section 19 is a 

flammable fluid leakage zone, adjacent to a 

fuel tank (trim tank) and is open with Section 

19.1. The results of the investigation show 

that this issue is a manufacturing quality 

issue. Airbus identified a list of other 

aeroplanes that are affected. 

This condition, if not corrected, could 

damage the wiring which may create an 

ignition source in an area that may contain 

fuel vapours, possibly resulting in an 

uncontrolled fire and subsequent loss of the 

aeroplane. 

* * * * * 

For the reasons described above, this 

[EASA] AD requires the replacement of the 

affected wiring harness. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

Airbus has issued Mandatory Service 

Bulletin A330–92–3116, dated April 25, 

2012. The actions described in this 

service information are intended to 

correct the unsafe condition identified 

in the MCAI. 

FAA’s Determination and Requirements 

of This Proposed AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with the State of 

Design Authority, we have been notified 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all pertinent 

information and determined an unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 1 product of U.S. registry. 

We also estimate that it would take 

about 4 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $85 per work-hour. Required 

parts would cost about $2,920 per 

product. Where the service information 

lists required parts costs that are 

covered under warranty, we have 

assumed that there will be no charge for 

these parts. As we do not control 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS