This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. 

# Proposed Rules Federal Register 

### 1772

Vol. 79, No. 7

Friday, January 10, 2014

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 39**

**[Docket No. FAA–2013–1071; Directorate Identifier 2013–NM–204–AD]** 

**RIN 2120–AA64**

**Airworthiness Directives; The Boeing Company Airplanes** 

**AGENCY :**  Federal Aviation Administration (FAA), DOT.

**ACTION :**  Notice of proposed rulemaking (NPRM).

**SUMMARY :**  We propose to adopt a new airworthiness directive (AD) for all The Boeing Company Model 777 airplanes. This proposed AD was prompted by reports of latently failed fuel shutoff valves discovered during fuel filter replacement. This proposed AD would require revising the maintenance or inspection program to include a new airworthiness limitation. We are proposing this AD to detect and correct latent failures of the fuel shutoff valve to the engine, which could result in the inability to shut off fuel to the engine and, in case of certain engine fires, an uncontrollable fire that could lead to wing failure.

**DATES :**  We must receive comments on this proposed AD by February 24, 2014.

**ADDRESSES :**  You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, 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: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.
gov by searching for and locating Docket No. FAA–2013–1071; 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 (phone: 800–647–5527) is in the

**ADDRESSES** section. Comments will be available in the AD docket shortly after receipt.

**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 :** 
Comments Invited

We invite you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under the **ADDRESSES** section. Include ‘‘Docket No. FAA– 2013–1071; Directorate Identifier 2013– NM–204–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

We have received reports of latently failed fuel shutoff valves discovered during fuel filter replacement. Deficiencies in the valve actuator design have resulted in latent failures of the fuel shutoff valve to the engine. This condition, if not detected and corrected, could result in latent failures of the fuel shutoff valve to the engine, which could result in the inability to shut off fuel to the engine and, in case of certain engine fires, an uncontrollable fire that could lead to wing failure.

FAA’s Determination

We are proposing this AD because we evaluated all the relevant information and determined the unsafe condition described previously is likely to exist or develop in other products of the same type design. Proposed AD Requirements

This proposed AD would require revising the maintenance or inspection program to include a new airworthiness limitation.

This proposed AD would require revisions to certain operator maintenance documents to include new inspections. Compliance with these inspections is required by section 91.403(c) of the Federal Aviation Regulations (14 CFR 91.403(c)). For airplanes that have been previously modified, altered, or repaired in the areas addressed by these inspections, an operator might not be able to accomplish the inspections described in the revisions. In this situation, to comply with 14 CFR 91.403(c), the operator must request approval of an alternative method of compliance (AMOC) in accordance with the provisions of paragraph (i) of this proposed AD. The request should include a description of changes to the proposed inspections that will ensure the continued operational safety of the airplane.

Interim Action

We consider this proposed AD interim action. The manufacturer is currently developing a modification that will address the unsafe condition identified in this proposed AD. Once this modification is developed, approved, and available, we might consider additional rulemaking. Costs of Compliance

We estimate that this proposed AD affects 190 airplanes of U.S. registry.

We estimate the following costs to comply with this proposed AD:


### 1773 Federal Register / Vol. 79, No. 7 / Friday, January 10, 2014 / Proposed Rules

E STIMATED 

### C OSTS

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

Incorporating Airworthiness Limitation ............ 1 work-hour × $85 per hour = $85 ................. $0 $85 $16,150

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 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 this 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 adding the following new airworthiness directive (AD): The Boeing Company: Docket No. FAA– 2013–1071; Directorate Identifier 2013– NM–204–AD.
(a) Comments Due Date

We must receive comments by February 24, 2014. (b) Affected ADs

None. (c) Applicability

This AD applies to all The Boeing Company Model 777–200, –200LR, –300, –300ER, and 777F series airplanes, certificated in any category.
(d) Subject

Joint Aircraft System Component (JASC) Code 2823, Fuel Selector/Shut-off Valve.
(e) Unsafe Condition

This AD was prompted by reports of latently failed fuel shutoff valves discovered during fuel filter replacement. We are issuing this AD to detect and correct latent failures of the fuel shutoff valve to the engine, which could result in the inability to shut off fuel to the engine and, in case of certain engine fires, an uncontrollable fire that could lead to wing failure.
(f) Compliance

Comply with this AD within the compliance times specified, unless already done.
(g) Revision of Maintenance or Inspection Program

Within 30 days after the effective date of this AD, revise the maintenance or inspection program, as applicable, to add airworthiness limitation number 28–AWL–MOV by incorporating the information specified in Figure 1 to paragraph (g) of this AD into the Airworthiness Limitations Section of the Instructions for Continued Airworthiness. The initial compliance time for accomplishing the actions specified in Figure 1 to paragraph (g) of this AD is within 7 days after accomplishing the maintenance or inspection program revision required by this paragraph.



### F IGURE 

### 1 TO 

### P ARAGRAPH 

### ( G 

### ) OF 

### T HIS 

### AD: E NGINE 

### S HUT 

### -O FF 

### VALVE 

### (F UEL 

### S PAR 

### VALVE 

### ) MOV A CTUATOR 

### I NSPECTION

AWL No. Task Interval Applicability Description

28–AWL–

MOV. ALI .............................. WEEKLY .................... ALL ........................................... Engine Shut-Off Valve (Fuel Spar Valve) MOV Actuator Inspection.Concern: The MOV actuator design can result in airplanes operating with a failedMOV actuator that is not reported. A latently failed MOV actuator would prevent fuel shutoff to an engine. In the event of certain engine fires, the potential exists for an engine fire to be uncontrollable. Perform an inspection of the Fuel Spar Valve

MOV Actuator position (refer to Boeing AMM 28–22–00). NOTE: The Fuel Spar Valve MOV Actuator

is located behind latch panel 551 DB (leftengine) and latch panel 651 DB (right engine).


### 1774 Federal Register / Vol. 79, No. 7 / Friday, January 10, 2014 / Proposed Rules

F IGURE 

### 1 TO 

### P ARAGRAPH 

### ( G 

### ) OF 

### T HIS 

### AD: E NGINE 

### S HUT 

### -O FF 

### VALVE 

### (F UEL 

### S PAR 

### VALVE 

### ) MOV A CTUATOR 

### I NSPECTION 

### —Continued

AWL No. Task Interval Applicability Description

1. Make sure both Engine Control Switches

are in the CUTOFF position.2. Inspect the left engine fuel spar valve actuator located in the left rear spar. a. Verify the manual override handle on the

engine fuel spar valve actuator is in the CLOSED position. b. Repair or replace any MOV actuator that

is not in the CLOSED position (refer to Boeing Airplane Maintenance Manual, 28– 22–02). 3. Inspect the right engine fuel spar valve

actuator located in the right rear spar. a. Verify the manual override handle on the

engine fuel spar valve actuator is in the CLOSED position. b. Repair or replace any MOV actuator that

is not in the CLOSED position (refer to Boeing Airplane Maintenance Manual, 28– 22–02).

(h) No Alternative Actions and Intervals

After accomplishment of the maintenance or inspection program revision required by paragraph (g) of this AD, no alternative actions (e.g., inspections) or intervals may be used unless the actions or intervals are approved as an alternative method of compliance (AMOC) in accordance with the procedures specified in paragraph (i)(1) of this AD.
(i) Alternative Methods of Compliance (AMOCs)

(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 paragraph (j) of this AD. Information may be emailed to: 9-ANM-Seattle-ACO-AMOCRequests@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.
(j) Related Information

For more information about this AD, 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

.

Issued in Renton, Washington, on December 30, 2013. John P. Piccola, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2014–00234 Filed 1–9–14; 8:45 am]

**BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION** 

**Federal Aviation Administration**

**14 CFR Part 39**

**[Docket No. FAA–2008–1088; Directorate Identifier 2008–NE–15–AD]** 

**RIN 2120–AA64**

**Airworthiness Directives; Dowty Propellers Propellers** 

Correction

In proposed rule document 2013– 30882, appearing on pages 78290– 78292, in the issue of Thursday, December 26, 2013, make the following correction:

On page 78290, in the first column, the subject heading is corrected to read as set forth above.

[FR Doc. C1–2013–30882 Filed 1–9–14; 8:45 am]

**BILLING CODE 1505–01–D**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 39**

**[Docket No. FAA–2013–0164; Directorate Identifier 2013–NE–10–AD]** 

**RIN 2120–AA64**

**Airworthiness Directives; Austro Engine GmbH Engines** 

**AGENCY :**  Federal Aviation Administration (FAA), DOT.

**ACTION :**  Notice of proposed rulemaking (NPRM). **SUMMARY :**  We propose to supersede airworthiness directive (AD) 2013–14– 08 that applies to all Austro Engine GmbH model E4 engines. AD 2013–14– 08 requires removing from service certain part number (P/N) waste gate controllers. Since we issued AD 2013– 14–08 we received several reports of power loss events due to fracture of the waste gate controller lever. This proposed AD would require removing certain P/N waste gate controllers from service. We are proposing this AD to prevent failure of the waste gate controller lever, which could lead to damage to one or more engines, loss of thrust control, and damage to the airplane.

**DATES :**  We must receive comments on this proposed AD by March 11, 2014.

**ADDRESSES :**  You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, 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: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

For service information identified in this AD, contact Austro Engine GmbH, Rudolf-Diesel-Strasse 11, A–2700 Weiner Neustadt, Austria; phone: +43 2622 23000; fax: +43 2622 23000–2711; Internet: www.austroengine.at. You may