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

48281 

Vol. 75, No. 153 

Tuesday, August 10, 2010 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0764; Directorate 

Identifier 2009–NM–260–AD] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Model 737–900ER 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 737–900ER series airplanes. This 

proposed AD would require doing a 

one-time general visual inspection for a 

keyway in two fuel tank access door 

cutouts, and related investigative and 

corrective actions if necessary. This 

proposed AD results from reports of 

cracks emanating from the keyway of 

the fuel tank access hole. We are 

proposing this AD to detect and correct 

such cracking, which could result in the 

loss of the lower wing skin load path 

and consequent structural failure of the 

wing. 

DATES: We must receive comments on 

this proposed AD by September 24, 

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: 

Nancy Marsh, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 917–6440; 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–2010–0764; Directorate Identifier 

2009–NM–260–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 cracks, 

ranging from 0.02 to 0.380 inch in 

length emanating from the keyway of 

the fuel tank access hole on the wing 

lower skin between wing rib numbers 8 

and 9 on Model 777–200LR and 777– 

300ER series airplanes. The fuel tank 

access door at this location has a fuel 

measuring stick installed, and the 

keyway is used to ensure that the fuel 

measuring stick is oriented correctly 

when the fuel tank access door is 

installed. The crack is believed to be the 

result of fatigue due to the position of 

the keyway. The lower wing skins on 

Model 737–900ER series airplanes have 

fuel tank access holes with the same 

configuration as that of the affected fuel 

tank access holes on Model 777–300ER 

series airplanes. The affected fuel tank 

access holes on the Model 737–900ER 

series airplanes are located between ribs 

4 and 5, between wing stations 180 and 

204.25. These fuel tank access holes are 

for fuel tank access doors 531BB and 

631BB. Although cracks have not yet 

been reported on any Model 737–900ER 

series airplanes, damage tolerance 

analysis shows potential for Model 737– 

900ER series airplanes lower wing skins 

to crack at the noted locations. This 

condition, if not corrected, could result 

in the loss of the lower wing skin load 

path and consequent structural failure 

of the wing. 

Relevant Service Information 

We have reviewed Boeing Alert 

Service Bulletin 737–57A1308, Revision 

1, dated October 1, 2009. The service 

bulletin describes procedures for a 

general visual inspection for a keyway 

in the fuel tank access door cutout on 

the left and right wings, and related 

investigative and corrective actions if 

necessary. The related investigative 

action is a high frequency eddy current 

inspection for cracking of the keyway. 

The corrective actions include changing 

the profile of the keyway for the fuel 

tank access door cutout, repairing any 

cracking of the keyway of the access 

door cutout, and contacting Boeing for 

certain repair instructions and doing the 

repair. 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
48282 Federal Register / Vol. 75, No. 153 / Tuesday, August 10, 2010 / Proposed Rules 

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 the same 

type design. This proposed AD would 

require accomplishing the actions 

specified in the service information 

described previously, except as 

discussed under ‘‘Difference Between 

the Proposed AD and Service Bulletin.’’ 

Difference Between the Proposed AD 

and Service Bulletin 

Boeing Alert Service Bulletin 737– 

57A1308, Revision 1, dated October 1, 

2009, 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: 

Using 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. 

Other Relevant Rulemaking 

The lower wing skins on Model 777– 

200LR and 777–300ER series airplanes 

have fuel tank access holes with the 

same configuration as those of the 

affected fuel tank access holes on the 

Model 737–900ER airplanes. Therefore, 

Model 777–200LR and 777–300ER 

series airplanes may be subject to the 

identified unsafe condition. We are 

considering similar rulemaking related 

to the identified unsafe condition for 

certain Model 777–200LR and 777– 

300ER series airplanes. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 30 airplanes of U.S. 

registry. We also estimate that it would 

take 3 work-hours 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 $7,650, or $255 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, 

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– 

2010–0764; Directorate Identifier 2009– 

NM–260–AD. 

Comments Due Date 

(a) We must receive comments by 

September 24, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to The Boeing 

Company Model 737–900ER series airplanes, 

certificated in any category, as identified in 

Boeing Alert Service Bulletin 737–57A1308, 

Revision 1, dated October 1, 2009. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 57: Wings. 

Unsafe Condition 

(e) This AD results from reports of cracks 

emanating from the keyway of the fuel tank 

access hole. The Federal Aviation 

Administration is issuing this AD to detect 

and correct such cracking, which could result 

in the loss of the lower wing skin load path 

and consequent structural failure of the wing. 

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. 

Inspection 

(g) Before the accumulation of 7,500 total 

flight cycles, or within 1,000 flight cycles 

after the effective date of this AD, whichever 

occurs later, do a one-time general visual 

inspection for a keyway in the fuel tank 

access door cutouts 531BB and 631BB, in 

accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

737–57A1308, Revision 1, dated October 1, 

2009 (‘‘the service bulletin’’). 

Note 1: For the purposes of this AD, a 

general visual inspection is: ‘‘A visual 

examination of an interior or exterior area, 

installation, or assembly to detect obvious 

damage, failure, or irregularity. This level of 

inspection is made from within touching 

distance unless otherwise specified. A mirror 

may be necessary to ensure visual access to 

all surfaces in the inspection area. This level 

of inspection is made under normally 

available lighting conditions such as 

daylight, hangar lighting, flashlight, or 

droplight and may require removal or 

opening of access panels or doors. Stands, 

ladders, or platforms may be required to gain 

proximity to the area being checked.’’ 

(1) If both access door cutouts do not have 

a keyway, no further action is required by 

this AD. 

(2) If any access door has a keyway, before 

the accumulation of 7,500 total flight cycles, 

or within 1,000 flight cycles after the 

effective date of this AD, whichever occurs 

later, do a high frequency eddy current 

(HFEC) inspection for cracking of the 

keyway, in accordance with the 

Accomplishment Instructions of the service 

bulletin. 

(i) If no cracking is found during the HFEC 

inspection, before further flight, modify the 

profile of the keyway of the fuel tank access 

door cutout, in accordance with the 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
Federal Register / Vol. 75, No. 153 / Tuesday, August 10, 2010 / Proposed Rules 48283 

Accomplishment Instructions of the service 

bulletin. 

(ii) If any cracking is found and the crack 

is 0.030 inch or less in length, before further 

flight repair the keyway, in accordance with 

the Accomplishment Instructions of the 

service bulletin. 

(iii) If any cracking is found and the crack 

is greater than 0.030 inch in length, before 

further flight, repair the crack using a method 

approved in accordance with the procedures 

specified in paragraph (h) of this AD 

Alternative Methods of Compliance 

(AMOCs) 

(h)(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: 

Nancy Marsh, Aerospace Engineer, Airframe 

Branch, ANM–120S, FAA, Seattle Aircraft 

Certification Office, 1601 Lind Avenue SW., 

Renton, Washington 98057–3356; telephone 

(425) 917–6440; fax (425) 917–6590. 

Information may be e-mailed to: 9–ANM– 

Seattle-ACO–AMOC–Request@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. 

(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. 

Issued in Renton, Washington, on July 30, 

2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–19695 Filed 8–9–10; 8:45 am] 

BILLING CODE 4910–13–P 

PENSION BENEFIT GUARANTY 

CORPORATION 

29 CFR Parts 4062 and 4063 

RIN 1212–AB20 

Liability for Termination of SingleEmployer Plans; Treatment of 

Substantial Cessation of Operations 

AGENCY: Pension Benefit Guaranty 

Corporation. 

ACTION: Proposed rule. 

SUMMARY: ERISA section 4062(e) 

provides for reporting of and liability for 

certain substantial cessations of 

operations by employers that maintain 

single-employer plans. PBGC proposes 

to amend its current regulation on 

Liability for Termination of SingleEmployer Plans to provide guidance on 

the applicability and enforcement of 

ERISA section 4062(e). 

DATES: Comments must be submitted on 

or before October 12, 2010. 

ADDRESSES: Comments, identified by 

Regulation Identifier Number (RIN) 

1212–AB20, may be submitted by any of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the Web 

site instructions for submitting 

comments. 

• E-mail: reg.comments@pbgc.gov. 

• Fax: 202–326–4224. 

• Mail or Hand Delivery: Legislative 

and Regulatory Department, Pension 

Benefit Guaranty Corporation, 1200 K 

Street, NW., Washington, DC 20005– 

4026. 

All submissions must include the 

Regulation Identifier Number for this 

rulemaking (RIN 1212–AB20). 

Comments received, including personal 

information provided, will be posted to 

http://www.pbgc.gov. Copies of 

comments may also be obtained by 

writing to Disclosure Division, Office of 

the General Counsel, Pension Benefit 

Guaranty Corporation, 1200 K Street, 

NW., Washington, DC 20005–4026, or 

calling 202–326–4040 during normal 

business hours. (TTY and TDD users 

may call the Federal relay service tollfree at 1–800–877–8339 and ask to be 

connected to 202–326–4040.) 

FOR FURTHER INFORMATION CONTACT: 

Catherine B. Klion, Manager, or Deborah 

C. Murphy, Attorney, Regulatory and 

Policy Division, Legislative and 

Regulatory Department, Pension Benefit 

Guaranty Corporation, 1200 K Street, 

NW., Washington, DC 20005–4026; 202– 

326–4024. (TTY/TDD users may call the 

Federal relay service toll-free at 1–800– 

877–8339 and ask to be connected to 

202–326–4024.) 

SUPPLEMENTARY INFORMATION: 

Introduction 

Pension Benefit Guaranty Corporation 

(PBGC) administers the pension plan 

termination insurance program under 

title IV of the Employee Retirement 

Income Security Act of 1974 (ERISA). 

Under ERISA section 4002(b)(3), PBGC 

has authority to adopt, amend, and 

repeal regulations to carry out the 

purposes of title IV. 

Background of Proposed Rule 

ERISA section 4062(e) provides that 

‘‘[i]f an employer ceases operations at a 

facility in any location and, as a result 

of such cessation of operations, more 

than 20 percent of the total number of 

his employees who are participants 

under a plan established and 

maintained by him are separated from 

employment, the employer shall be 

treated with respect to that plan as if he 

were a substantial employer under a 

plan under which more than one 

employer makes contributions and the 

provisions of [ERISA sections] 4063, 

4064, and 4065 shall apply.’’ 

ERISA section 4063(a) requires the 

plan administrator of a multiple 

employer plan (that is, a singleemployer plan with at least two 

contributing sponsors that are not under 

common control) to notify PBGC within 

60 days after a substantial employer 

withdraws from the plan, and section 

4063(b) and (c) makes the withdrawn 

employer liable to provide a bond or 

escrow in a specified amount for five 

years from the date of withdrawal, to be 

applied—if the plan terminates within 

that period—against the plan’s 

underfunding. Section 4063(e) allows 

PBGC to waive this liability if there is 

an appropriate indemnity agreement 

among contributing sponsors of the 

plan, and ERISA section 4067 

authorizes PBGC to make alternative 

arrangements for satisfaction of liability 

under sections 4062 and 4063. (ERISA 

sections 4064 and 4065 deal with plan 

termination liability and annual reports 

by plan administrators.) 

The method described in section 

4063(b) for computing the amount of 

liability focuses on relative amounts of 

contributions by more than one 

employer and is thus impracticable for 

calculating liability triggered by an 

event involving a plan of a single 

employer under section 4062(e). 

However, section 4063(b) provides that 

PBGC ‘‘may also determine the liability 

on any other equitable basis prescribed 

by [PBGC] in regulations.’’ Pursuant to 

that authority, on June 16, 2006 (at 71 

FR 34819), PBGC published a final rule 

providing a formula for computing 

liability under section 4063(b) when 

there is an event described in section 

4062(e). The formula provided by the 

2006 rule apportions to an employer 

affected by an event under section 

4062(e) a fraction of plan termination 

liability based on the number of 

participants affected by the event. Over 

the next three-and-a-half years, PBGC 

resolved 37 cases under section 4062(e) 

through negotiated settlements valued at 

nearly $600 million, providing 

protection to over 65,000 participants. 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1