Federal Register / Vol. 78, No. 73 / Tuesday, April 16, 2013 / Proposed Rules 22439 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0327; Directorate 

Identifier 2011–NM–161–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 supersede an 

existing airworthiness directive (AD) 

that applies to all The Boeing Company 

Model 737–100, –200, –200C, –300, 

–400, and –500 series airplanes. The 

existing AD currently requires repetitive 

inspections for cracking in and around 

the upper and lower hinge cutouts of 

the forward entry and forward galley 

service doorways, and corrective actions 

if necessary. Since we issued that AD, 

we have received multiple reports of 

cracks in the skin and/or bear strap at 

the forward galley service doorway 

hinge cutouts, and multiple reports of 

cracking under the repairs installed at 

the hinge cutouts. This proposed AD 

would reduce the inspection threshold 

for cracking in and around the galley 

service doorway hinge cutouts, add 

inspections of certain repaired structure 

at the forward entry and galley service 

doorway upper and lower hinge cutouts, 

expand the inspection area at the 

forward entry and galley service 

doorway upper and lower hinge cutouts, 

and remove certain airplanes from the 

applicability. We are proposing this AD 

to detect and correct such cracking, 

which could result in rapid 

decompression of the airplane. 

DATES: We must receive comments on 

this proposed AD by May 31, 2013. 

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 proposed AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, P. O. Box 3707, 

MC 2H–65, Seattle, WA 98124–2207; 

phone: 206–544–5000, extension 1; fax: 

206–766–5680; 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, 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 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: 

Alan Pohl, Aerospace Engineer, 

Airframe Branch, ANM–120S, Seattle 

Aircraft Certification Office (ACO), 

FAA, 1601 Lind Avenue SW., Renton, 

WA 98057–3356; phone: 425–917–6450; 

fax: 425–917–6590; email: 

Alan.Pohl@faa.gov. 

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–2013–0327; Directorate Identifier 

2011–NM–161–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 

On May 9, 2008, we issued AD 2008– 

11–04, Amendment 39–15526 (73 FR 

29421, May 21, 2008), for all The Boeing 

Company Model 737–100, –200, –200C, 

–300, –400, and –500 series airplanes. 

That AD requires repetitive inspections 

for cracking in and around the upper 

and lower hinge cutouts of the forward 

entry and forward galley service 

doorways, and corrective actions if 

necessary. That AD resulted from 

multiple reports of cracks found in the 

skin, bearstrap, and/or frame outer 

chord in the hinge cutout areas of the 

forward entry and forward galley service 

doorways. We issued that AD to detect 

and correct cracking, which could result 

in rapid decompression of the airplane. 

Actions Since Existing AD (73 FR 

29421, May 21, 2008) Was Issued 

Since we issued AD 2008–11–04, 

Amendment 39–15526 (73 FR 29421, 

May 21, 2008), we have received 15 

reports of cracks in the skin and/or bear 

strap at the forward galley service 

doorway hinge cutouts found on 

airplanes that had accumulated fewer 

than 40,000 total flight cycles (the 

inspection compliance time required by 

the existing AD). The lowest reported 

total flight cycles on an airplane with a 

crack were 24,423; this airplane had a 

0.55-inch crack in the skin and no 

cracks in the bear strap. We have also 

received four reports of cracking under 

the repairs installed at the hinge cutouts 

as specified in the structural repair 

manual (SRM). 

Relevant Service Information 

We reviewed Boeing Service Bulletin 

737–53A1200, Revision 2, dated 

September 12, 2012. For information on 

the procedures and compliance times, 

see this service information at http:// 

www.regulations.gov by searching for 

Docket No. FAA–2013–0327. 

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 retain all 

the requirements of AD 2008–11–04, 

Amendment 39–15526 (73 FR 29421, 

May 21, 2008), and would reduce the 

inspection threshold for cracking in and 

around the galley service doorway hinge 

cutouts, add inspections of certain 

repaired structure at the forward entry 

and galley service doorway upper and 

lower hinge cutouts, expand the 

inspection area at the forward entry and 

galley service doorway upper and lower 

hinge cutouts, and remove certain 

airplanes from the applicability. 

The phrase ‘‘related investigative 

actions’’ might be used in this proposed 

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22440 Federal Register / Vol. 78, No. 73 / Tuesday, April 16, 2013 / Proposed Rules 

AD. ‘‘Related investigative actions’’ are 

follow-on actions that (1) are related to 

the primary action, and (2) are actions 

that further investigate the nature of any 

condition found. Related investigative 

actions in an AD could include, for 

example, inspections. 

In addition, the phrase ‘‘corrective 

actions’’ might be used in this proposed 

AD. ‘‘Corrective actions’’ are actions 

that correct or address any condition 

found. Corrective actions in an AD 

could include, for example, repairs. 

Change to Existing AD (73 FR 29421, 

May 21, 2008) 

This proposed AD would retain all 

the requirements of AD 2008–11–04, 

Amendment 39–15526 (73 FR 29421, 

May 21, 2008). Since AD 2008–11–04 

was issued, the AD format has been 

revised, and certain paragraphs have 

been rearranged. As a result, the 

corresponding paragraph identifiers 

have changed in this proposed AD, as 

listed in the following table: 

REVISED PARAGRAPH IDENTIFIERS

Requirement in 

AD 2008–11– 

04, Amendment 

39–15526 (73 

FR 29421, May 

21, 2008) 

Corresponding 

requirement in this 

proposed AD 

paragraph (f) paragraph (g) 

paragraph (g) paragraph (h)(1) 

paragraph (h) paragraph (h)(2) 

We have revised paragraph (i) of AD 

2008–11–04, Amendment 39–15526 (73 

FR 29421, May 21, 2008) (paragraph (i) 

of this proposed AD), by removing 

reference to Boeing 737–100/–200 SRM 

53–30–1, Figures 20, 21, 31, or 32; and 

Boeing 737–300/–400/–500 SRM 53–10– 

01, Repair 5, 6, or 8. Instead, we have 

added Note 1 to paragraph (i) of this 

proposed AD to specify that guidance 

on repairs may be found in Boeing 737– 

100/–200 SRM 53–30–1, Figure 20, 21, 

31, or 32; or Boeing 737–300/–400/–500 

SRM 53–10–01, Repair 5, 6, or 8; as 

applicable. 

Differences Between the Proposed AD 

and the Service Information 

Boeing Service Bulletin 737– 

53A1200, Revision 2, dated September 

12, 2012, specifies to contact the 

manufacturer for instructions on how to 

repair certain conditions, but this 

proposed AD would require repairing 

those conditions in one of the following 

ways: 

• In accordance with a method that 

we approve; or 

• Using data that meet the 

certification basis of the airplane, and 

that have been approved by the Boeing 

Commercial Airplanes Organization 

Designation Authorization (ODA) whom 

we have authorized to make those 

findings. 

Costs of Compliance 

We estimate that this proposed AD 

affects 547 airplanes of U.S. registry. 

We estimate the following costs to 

comply with this proposed AD: 

ESTIMATED COSTS

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

Inspections [retained actions 

from AD 2008–11–04, 

Amendment 39–15526 (73 

FR 29421, May 21, 2008)].

Up to 73 work-hours × $85 

per hour = $6,205 per inspection cycle.

$0 Up to $6,205 per inspection 

cycle.

Up to $3,394,135 per inspection cycle. 

Inspection [new proposed action].Up to 34 work-hours × $85 

per hour = $2,890 per inspection cycle.

$0 Up to $2,890 per inspection 

cycle.

Up to $1,580,830 per inspection cycle. 

We have received no definitive data 

that would enable us to provide cost 

estimates for the on-condition actions 

specified in this proposed AD. 

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) 

2008–11–04, Amendment 39–15526 (73 

FR 29421, May 21, 2008), and adding 

the following new AD: 

THE BOEING COMPANY: Docket No. FAA–2013– 

0327; Directorate Identifier 2011–NM– 

161–AD. 

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Federal Register / Vol. 78, No. 73 / Tuesday, April 16, 2013 / Proposed Rules 22441 

(a) Comments Due Date 

The FAA must receive comments on this 

AD action by May 31, 2013. 

(b) Affected ADs 

This AD supersedes AD 2008–11–04, 

Amendment 39–15526 (73 FR 29421, May 21, 

2008). 

(c) Applicability 

This AD applies to The Boeing Company 

Model 737–100, –200, –200C, –300, –400, 

and –500 series airplanes, certificated in any 

category, as identified in Boeing Service 

Bulletin 737–53A1200, Revision 2, dated 

September 12, 2012. 

(d) Subject 

Joint Aircraft System Component (JASC)/ 

Air Transport Association (ATA) of America 

Code 53, Fuselage. 

(e) Unsafe Condition 

This AD was prompted by multiple reports 

of cracks in the skin and/or bear strap at the 

forward galley service doorway hinge 

cutouts, and multiple reports of cracking 

under the repairs installed at the hinge 

cutouts. We are issuing this AD to detect and 

correct such cracking, which could result in 

rapid decompression of the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Retained Repetitive Inspections 

This paragraph restates the requirements of 

paragraph (f) of AD 2008–11–04, Amendment 

39–15526 (73 FR 29421, May 21, 2008). 

Except as provided by paragraph (h)(1) of this 

AD, at the applicable times specified in 

paragraph 1.E. ‘‘Compliance,’’ of Boeing Alert 

Service Bulletin 737–53A1200, dated April 

13, 2006, do external detailed, low frequency 

eddy current (LFEC), high frequency eddy 

current (HFEC), and HFEC rotary probe 

inspections, as applicable, for cracks in and 

around the upper and lower hinge cutouts of 

the forward entry and forward galley service 

doorways, in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 737–53A1200, dated April 

13, 2006, except as provided by paragraphs 

(h)(2) and (i) of this AD. Do not exceed the 

applicable repetitive interval for the previous 

inspection, as specified in Boeing Alert 

Service Bulletin 737–53A1200, dated April 

13, 2006, as Option A or Option B. Repair 

any crack before further flight using a method 

approved in accordance with the procedures 

specified in paragraph (o) of this AD. 

Accomplishment of the actions required by 

paragraph (j) of this AD terminates the 

requirements of this paragraph. 

(h) Retained Exceptions to Service Bulletin 

Specifications 

This paragraph restates the requirements of 

paragraphs (g) and (h) of AD 2008–11–04, 

Amendment 39–15526 (73 FR 29421, May 21, 

2008). 

(1) Where Boeing Alert Service Bulletin 

737–53A1200, dated April 13, 2006, specifies 

a compliance time after the release date of 

that service bulletin, this AD requires 

compliance within the specified compliance 

time after June 25, 2008 (the effective date of 

AD 2008–11–04, Amendment 39–15526 (73 

FR 29421, May 21, 2008)). 

(2) Although Boeing Alert Service Bulletin 

737–53A1200, dated April 13, 2006, specifies 

contacting Boeing for information about 

installing an optional preventive 

modification that would terminate the 

repetitive inspections specified in paragraph 

(g) of this AD, this AD requires that any 

terminating action be done by using a 

method approved in accordance with the 

procedures specified in paragraph (o) of this 

AD. 

(i) Retained Optional Terminating Action 

This paragraph restates the optional 

terminating action specified paragraph (i) of 

AD 2008–11–04, Amendment 39–15526 (73 

FR 29421, May 21, 2008), with revised 

method of compliance language. The 

inspections specified in paragraph (g) of this 

AD may be terminated at areas repaired using 

a method approved in accordance with the 

procedures specified in paragraph (o) of this 

AD. 

Note 1 to paragraph (i) of this AD: 

Guidance on repairs can be found in Boeing 

737–100/–200 SRM 53–30–1, Figure 20, 21, 

31, or 32; or Boeing 737–300/–400/–500 SRM 

53–10–01, Repair 5, 6, or 8; as applicable. 

(j) New Repetitive Inspections and Repair 

Except as required by paragraph (l)(1) of 

this AD, at the applicable times specified in 

Paragraph 1.E., ‘‘Compliance,’’ of Boeing 

Service Bulletin 737–53A1200, Revision 2, 

dated September 12, 2012: Do an external 

and internal detailed inspection, HFEC 

inspection, and HFEC hole probe inspection, 

at the forward entry and galley service 

doorway upper and lower hinge cutouts for 

cracking in the skin, bonded doubler, 

bearstrap, and frame outer chord, in 

accordance with the Accomplishment 

Instructions of Boeing Service Bulletin 737– 

53A1200, Revision 2, dated September 12, 

2012, except as required by paragraph (m) of 

this AD. Options provided in Boeing Service 

Bulletin 737–53A1200, Revision 2, dated 

September 12, 2012, for accomplishing the 

inspections are acceptable for compliance 

with the corresponding requirements of this 

paragraph. Repeat the applicable inspections 

thereafter at the applicable times specified in 

paragraph 1.E., ‘‘Compliance,’’ of Boeing 

Service Bulletin 737–53A1200, Revision 2, 

dated September 12, 2012. If any crack is 

found, before further flight, repair using a 

method approved in accordance with the 

procedures specified in paragraph (o) of this 

AD. Accomplishment of the initial 

inspections terminates the requirements of 

paragraph (g) of this AD. 

(k) New Actions for Airplanes With Certain 

Repairs Installed 

(1) For airplanes with any SRM repair 

specified in paragraphs (k)(1)(i) though 

(k)(1)(vii) of this AD installed, at the 

applicable times specified in paragraph 1.E., 

‘‘Compliance,’’ of Boeing Service Bulletin 

737–53A1200, Revision 2, dated September 

12, 2012: Do an external and internal detailed 

inspection, HFEC inspection, and LFEC 

inspection, at the forward entry and galley 

service doorway upper and lower hinge 

cutouts for cracking in the skin, bearstrap, 

and frame outer chord, in accordance with 

the Accomplishment Instructions of Boeing 

Service Bulletin 737–53A1200, Revision 2, 

dated September 12, 2012, except as required 

by paragraph (l)(2) of this AD. Repeat the 

inspection thereafter at the applicable times 

specified in paragraph 1.E., ‘‘Compliance,’’ of 

Boeing Service Bulletin 737–53A1200, 

Revision 2, dated September 12, 2012. If any 

crack is found, before further flight, repair 

using a method approved in accordance with 

the procedures specified in paragraph (o) of 

this AD. 

(i) Repair specified in Boeing 737–100/-200 

SRM 53–30–03, Figure 21. 

(ii) Repair specified in Boeing 737–100/200 

SRM 53–30–03, Figure 31. 

(iii) Repair 5 specified in Boeing 737–300 

SRM 53–10–01; Repair 5 specified in Boeing 

737–400 SRM 53–10–01; or Repair 5 

specified in Boeing 737–500 SRM 53–10–01; 

installed at the upper or lower hinge cutout. 

(iv) Repair specified in Boeing 737–100/ 

200 SRM 53–30–03, Figure 20. 

(v) Repair 6 specified in Boeing 737–300 

SRM 53–10–01; Repair 6 specified in Boeing 

737–400 SRM 53–10–01; or Repair 6 

specified in Boeing 737–500 SRM 53–10–01. 

(vi) Repair 8 specified in Boeing 737–300 

SRM 53–10–01; Repair 8 specified in Boeing 

737–400 SRM 53–10–01; or Repair 8 

specified in Boeing 737–500 SRM 53–10–01. 

(vii) Repair specified in Boeing 737–100/ 

200 SRM 53–30–03, Figure 32. 

(2) For airplanes with any repair installed 

at the forward entry doorway or forward 

galley doorway, upper or lower hinge cutout, 

that does not meet the conditions specified 

in paragraph 3.A.10. of the Accomplishment 

Instructions of Boeing Service Bulletin 737– 

53A1200, Revision 2, dated September 12, 

20012: Except as required by paragraph (l) of 

this AD, at the applicable times specified in 

paragraph 1.E., ‘‘Compliance,’’ of Boeing 

Service Bulletin 737–53A1200, Revision 2, 

dated September 12, 2012, contact the 

Manager, Seattle ACO, FAA, for instructions 

using the procedures specified in paragraph 

(o) of this AD and do the actions required by 

the FAA. 

(l) New Exception to Service Bulletin 

Specifications 

(1) Where Boeing Service Bulletin 737– 

53A1200, Revision 2, dated September 12, 

2012, specifies a compliance time after the 

issue date of Boeing Service Bulletin 737– 

53A1200, Revision 1, dated July 7, 2011, this 

AD requires compliance within the specified 

compliance time after the effective date of 

this AD. 

(2) Where Boeing Service Bulletin 737– 

53A1200, Revision 2, dated September 12, 

2012, specifies to contact Boeing for further 

instructions, this AD requires contacting the 

Manager, Seattle Aircraft Certification Office 

(ACO), FAA, for instructions and doing the 

actions required by the FAA, using the 

procedures specified in paragraph (o) of this 

AD 

(m) Exception for Group 5 Airplanes 

For Group 5 airplanes identified in Boeing 

Service Bulletin 737–53A1200, Revision 2, 

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22442 Federal Register / Vol. 78, No. 73 / Tuesday, April 16, 2013 / Proposed Rules 

dated September 12, 2012: Before further 

flight, contact the Manager, Seattle ACO, 

FAA, for instructions using the procedures 

specified in paragraph (o) of this AD and do 

the actions required by the FAA. 

(n) Credit for Previous Actions 

This paragraph provides credit for the 

actions required by paragraphs (j) and (k) of 

this AD, if those actions were performed 

before the effective date of this AD using 

Boeing Alert Service Bulletin 737–53A1200, 

Revision 1, dated July 7, 2011, which is not 

incorporated by reference in this AD. 

(o) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Seattle 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 the 

Related Information section of this AD. 

Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@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. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD if it is approved by the 

Boeing Commercial Airplanes Organization 

Designation Authorization (ODA) that has 

been authorized by the Manager, Seattle ACO 

to make those findings. For a repair method 

to be approved, the repair must meet the 

certification basis of the airplane and the 

approval must specifically refer to this AD. 

(4) AMOCs approved previously in 

accordance with paragraphs (f) and (i) of AD 

2008–11–04, Amendment 39–15526 (73 FR 

29421, May 21, 2008), are approved as 

AMOCs for the corresponding provisions of 

paragraphs (g) and (i) of this AD. 

(p) Related Information 

(1) For more information about this AD, 

contact Alan Pohl, Aerospace Engineer, 

Airframe Branch, ANM–120S, Seattle 

Aircraft Certification Office (ACO), FAA, 

1601 Lind Avenue SW., Renton, WA 98057– 

3356; phone: 425–917–6450; fax: 425–917– 

6590; email: Alan.Pohl@faa.gov. 

(2) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P. O. Box 3707, MC 2H–65, 

Seattle, WA 98124–2207; phone: 206–544– 

5000, extension 1; fax: 206–766–5680; 

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, WA. For information on the 

availability of this material at the FAA, call 

425–227–1221. 

Issued in Renton, Washington, on April 4, 

2013. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2013–08908 Filed 4–15–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 107 

[Docket No. FDA–2013–N–0067] 

Infant Formula: The Addition of 

Minimum and Maximum Levels of 

Selenium to Infant Formula and 

Related Labeling Requirements 

AGENCY: Food and Drug Administration. 

ACTION: Proposed rule. 

SUMMARY: The Food and Drug 

Administration (FDA) is proposing to 

amend the regulations on nutrient 

specifications and labeling for infant 

formula to add the mineral selenium to 

the list of required nutrients and to 

establish minimum and maximum 

levels of selenium in infant formula. 

DATES: Submit either electronic or 

written comments on the proposed rule 

by July 1, 2013. Submit comments on 

information collection issues under the 

Paperwork Reduction Act of 1995 by 

May 16, 2013, (see the ‘‘Paperwork 

Reduction Act of 1995’’ section of this 

document). 

ADDRESSES: You may submit comments, 

identified by Docket No. FDA–2013–N– 

0067, by any of the following methods, 

except that comments on information 

collection issues under the Paperwork 

Reduction Act of 1995 must be 

submitted to the Office of Information 

and Regulatory Affairs, Office of 

Management and Budget (OMB) (see the 

‘‘Paperwork Reduction Act of 1995’’ 

section of this document): 

Electronic Submissions 

Submit electronic comments in the 

following way: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Written Submissions 

Submit written submissions in the 

following way: 

• Mail/Hand delivery/Courier (for 

paper or CD–ROM submissions): 

Division of Dockets Management (HFA– 

305), Food and Drug Administration, 

5630 Fishers Lane, Rm. 1061, Rockville, 

MD 20852. 

Instructions: All submissions received 

must include the Agency name and 

Docket No. FDA–2013–N–0067 for this 

rulemaking. All comments received may 

be posted without change to http:// 

www.regulations.gov, including any 

personal information provided. For 

additional information on submitting 

comments, see the ‘‘How Do You 

Submit Comments on This Rule?’’ 

heading of the SUPPLEMENTARY

INFORMATION section of this document. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov and insert the 

docket number, found in brackets in the 

heading of this document, into the 

‘‘Search’’ box and follow the prompts or 

go to the Division of Dockets 

Management, 5630 Fishers Lane, Rm. 

1061, Rockville, MD 20852. 

FOR FURTHER INFORMATION CONTACT: 

With regard to the proposed rule: 

Benson M. Silverman, Center for Food 

Safety and Applied Nutrition (HFS– 

850), Food and Drug Administration, 

5100 Paint Branch Pkwy, College Park, 

MD 20740, 240–402–1450. 

With regard to the information 

collection issues: Domini Bean, Office of 

Information Management, Food and 

Drug Administration, 1350 Piccard Dr., 

PI50–400T, Rockville, MD 20850, 

domini.bean@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. What is the background of this 

proposed rule? 

Section 412(i) of the Federal Food, 

Drug, and Cosmetic Act (the FD&C Act) 

(21 U.S.C. 350a(i)) establishes 

requirements for the nutrient content of 

infant formulas. Under section 412(i)(2) 

of the FD&C Act, the Secretary of Health 

and Human Services (the Secretary) is 

authorized to revise the list of required 

nutrients and the required level for any 

required nutrient, which authority has 

been delegated to the Commissioner of 

Food and Drugs (the Commissioner). 

The table in section 412(i) of the FD&C 

Act and FDA regulations, 21 CFR 

107.100, specify that infant formulas 

must contain 29 nutrients; minimum 

levels for each nutrient and maximum 

levels for 9 of the nutrients are also 

specified. 

At the time FDA established nutrient 

specifications for infant formula, 

selenium was not recognized as an 

essential nutrient and was not one of the 

nutrients required by statute in infant 

formula. As explained in detail in this 

document, selenium has subsequently 

been recognized as an essential nutrient. 

Therefore, we are proposing to amend 

the nutrient specifications for infant 

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