47330 Federal Register / Vol. 77, No. 153 / Wednesday, August 8, 2012 / Proposed Rules 

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 

The Boeing Company Model 767–200, 

–300, –300F, and –400ER series 

airplanes. That AD 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. 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 (74 FR 

55755, October 29, 2009) Was Issued 

Since we issued AD 2009–22–13, 

Amendment 39–16066 (74 FR 55755, 

October 29, 2009), 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 2009–22– 

13, Amendment 39–16066 (74 FR 

55755, October 29, 2009), must be 

rescinded. Accordingly, this proposed 

AD would rescind AD 2009–22–13. 

Rescission of AD 2009–22–13 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 2009–22–13, Amendment 39– 

16066 (74 FR 55755, October 29, 2009), 

affects about 397 airplanes of U.S. 

registry. The estimated cost of the 

currently required actions for U.S. 

operators is between $67,490 and 

$134,980, or between $170 and $340 per 

airplane. Rescinding AD 2009–22–13 

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); 

(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. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by 

removing airworthiness directive (AD) 

2009–22–13, Amendment 39–16066 (74 

FR 55755, October 29, 2009), and 

adding the following new AD: 

The Boeing Company: Docket No. FAA– 

2012–0805; Directorate Identifier 2012– 

NM–117–AD. 

Comments Due Date 

(a) The FAA must receive comments on 

this AD action by September 24, 2012. 

Affected ADs 

(b) This action rescinds AD 2009–22–13, 

Amendment 39–16066 (74 FR 55755, October 

29, 2009). 

Applicability 

(c) This action applies to The Boeing 

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

–400ER series airplanes, certificated in any 

category; as identified in Boeing Alert 

Service Bulletin 767–28A0090, dated July 3, 

2008. 

Issued in Renton, Washington, on July 31, 

2012. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–19238 Filed 8–7–12; 8:45 am] 

BILLING CODE 4910–13–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 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 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 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 153 / Wednesday, August 8, 2012 / Proposed Rules 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 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2012–0343] 

RIN 1625–AA11 

Regulated Navigation Area—New 

Haven Harbor, Quinnipiac River, Mill 

River, New Haven, CT; Pearl Harbor 

Memorial Bridge (Interstate 95) 

Construction 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

changes to the existing regulated 

navigation area in the navigable waters 

of New Haven Harbor, Quinnipiac River 

and Mill River. The current RNA 

pertains only to the operation of tugs 

and barges. The changes would allow 

periodic, temporary closure of the area 

which will be needed during 

construction of the new Pearl Harbor 

Memorial Bridge, and which could be 

needed at other times as well. This 

proposed revision would allow the 

Coast Guard to suspend all vessel traffic 

through the RNA during periods of 

temporary closure. This rule is 

necessary to provide for the safety of life 

in the regulated area. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before September 7, 2012. 

Requests for public meetings must be 

received by the Coast Guard on or before 

August 20, 2012. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2012–0343 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS