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

55691 

Vol. 75, No. 177 

Tuesday, September 14, 2010 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0853; Directorate 

Identifier 2010–NM–116–AD] 

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: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

Model 737–600, –700, –700C, –800, 

–900, and –900ER series airplanes. This 

proposed AD would require repetitive 

testing of the stabilizer takeoff warning 

switches, and corrective actions if 

necessary. This proposed AD results 

from reports that the warning horn did 

not sound during the takeoff warning 

system test of the S132 ‘‘nose up stab 

takeoff warning switch.’’ We are 

proposing this AD to detect and correct 

a takeoff warning system switch failure, 

which could reduce the ability of the 

flightcrew to maintain the safe flight 

and landing of the airplane. 

DATES: We must receive comments on 

this proposed AD by October 29, 2010. 

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 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

For service information identified in 

this proposed 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. You 

may review copies of the referenced 

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. 

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 proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket 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: 

Jeffrey W. Palmer, Aerospace Engineer, 

Systems and Equipment Branch, ANM– 

130S, FAA, Seattle Aircraft Certification 

Office (ACO), 1601 Lind Avenue SW., 

Renton, Washington 98057–3356; 

telephone (425) 917–6472; fax (425) 

917–6590. 

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–2010–0853; Directorate Identifier 

2010–NM–116–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 received reports that the warning 

horn did not sound during the takeoff 

warning system test of the S132 ‘‘nose 

up stab takeoff warning switch.’’ Certain 

airplanes were found to have switch 

failures, which resulted in lack of aural 

warning when the stabilizer was 

positioned outside of the green band 

limits. Also, operators found that both 

internal contacts would not actuate 

during switch rotation. A takeoff 

warning system switch failure, if not 

corrected, could result in auto-rotation, 

resulting in tail strike, stall, high-speed 

runway overrun, rejected takeoff, or 

failure to clear terrain or obstacles after 

takeoff, which could reduce the ability 

of the flightcrew to maintain the safe 

flight and landing of the airplane. 

Relevant Service Information 

We have reviewed Boeing Service 

Bulletin 737–27–1289, dated April 7, 

2010, which describes procedures for 

repetitive testing of the stabilizer takeoff 

warning switches. The corrective 

actions include replacing failed 

stabilizer warning switches. 

FAA’s Determination and Requirements 

of this Proposed AD 

We are proposing this AD because we 

evaluated all relevant information and 

determined the unsafe condition 

described previously is likely to exist or 

develop in other products of these same 

type designs. This proposed AD would 

require accomplishing the actions 

specified in the service information 

described previously. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 963 airplanes of U.S. 

registry. We also estimate that it would 

take 1 work-hour per product to comply 

with this proposed AD. The average 

labor rate is $85 per work-hour. Based 

on these figures, we estimate the cost of 

this proposed AD to the U.S. operators 

to be $81,855, or $85 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, 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
55692 Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Proposed Rules 

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), 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. 

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 AD: 

The Boeing Company: Docket No. FAA– 

2010–0853; Directorate Identifier 2010– 

NM–116–AD. 

Comments Due Date 

(a) We must receive comments by October 

29, 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 737–27–1289, dated 

April 7, 2010. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 27: Flight Controls. 

Unsafe Condition 

(e) This AD results from reports that the 

warning horn did not sound during the 

takeoff warning system test of the S132 ‘‘nose 

up stab takeoff warning switch.’’ The Federal 

Aviation Administration is issuing this AD to 

detect and correct a takeoff warning system 

switch failure, which could reduce the ability 

of the flightcrew to maintain the safe flight 

and landing of the airplane. 

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. 

Test 

(g) Within 6 months after the effective date 

of this AD, test the stabilizer takeoff warning 

switches, in accordance with the 

Accomplishment Instructions of Boeing 

Service Bulletin 737–27–1289, dated April 7, 

2010. Repeat the test at intervals not to 

exceed 750 flight hours. 

Replacement and Re-test 

(h) If any stabilizer takeoff warning switch 

fails the test required in paragraph (g) or (h) 

of this AD, replace the stabilizer takeoff 

warning switch with a new switch and test 

the new switch before further flight, in 

accordance with the Accomplishment 

Instructions of Boeing Service Bulletin 737– 

27–1289, dated April 7, 2010. Within 750 

flight hours after replacement of any switch, 

test the replaced switch, in accordance with 

the Accomplishment Instructions of Boeing 

Service Bulletin 737–27–1289, dated April 7, 

2010, and repeat this test on the replaced 

switch thereafter at intervals not to exceed 

750 flight hours. 

Special Flight Permit 

(i) Special flight permits, as described in 

Section 21.197 and Section 21.199 of the 

Federal Aviation Regulations (14 CFR 21.197 

and 21.199), are not allowed. 

Alternative Methods of Compliance 

(AMOCs) 

(j)(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. Send information to Attn: Jeffrey 

W. Palmer, Aerospace Engineer, Systems and 

Equipment Branch, ANM–130S, FAA, Seattle 

ACO, 1601 Lind Avenue SW., Renton, 

Washington 98057–3356; telephone (425) 

917–6472; fax (425) 917–6590. Information 

may be e-mailed 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. 

Issued in Renton, Washington, on 

September 3, 2010. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–22847 Filed 9–13–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 922 

[Docket No. 070726412–0071–01] 

RIN 0648–AV88 

Proposed Research Area Within the 

Gray’s Reef National Marine Sanctuary 

AGENCY: Office of National Marine 

Sanctuaries (ONMS), National Oceanic 

and Atmospheric Administration 

(NOAA), Department of Commerce 

(DOC). 

ACTION: Proposed rule. 

SUMMARY: The National Oceanic and 

Atmospheric Administration (NOAA) is 

proposing to create a research area 

within the Gray’s Reef National Marine 

Sanctuary (GRNMS, or Sanctuary). A 

research area is a region specifically 

designed for conducting controlled 

scientific studies in the absence of 

certain human activities that could 

affect the results. NOAA proposes to 

prohibit fishing, diving, and stopping 

while transiting in the proposed 

research area. 

DATES: Comments must be received by 

December 13, 2010. 

Dates for public hearings are: 

(1) October 19, 6–8 p.m., Richmond 

Hill City Center, 529 Cedar Street, 

Richmond Hill, GA. 

(2) October 20, 6–8 p.m., Bulloch 

County Courthouse, 30 N. Main Street, 

Statesboro, GA. 


emcdonald on DSK2BSOYB1PROD with PROPOSALS