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[Federal Register Volume 78, Number 120 (Friday, June 21, 2013)]
[Proposed Rules]
[Pages 37497-37498]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14861]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0805; Directorate Identifier 2012-NM-117-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Proposed rule; withdrawal.

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SUMMARY: The FAA withdraws a notice of proposed rulemaking (NPRM) that 
proposed to rescind an existing airworthiness directive (AD) that 
applies to certain The Boeing Company Model 767-200, -300, -300F, and -
400ER series airplanes. The proposed AD action would have rescinded the 
existing AD, which requires an inspection to determine if certain motor 
operated valve (MOV) actuators for the fuel tanks are installed, and 
related investigative and corrective actions if necessary. Since the 
proposed AD action was issued, we have determined that the proposed AD 
action does not adequately address the safety concerns. Accordingly, 
the proposed AD action is withdrawn.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 AD action, the proposed rule (77 
FR 47329, August 8, 2012), 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 proposed to amend 14 CFR part 39 with a notice of proposed 
rulemaking (NPRM) to rescind 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 August 8, 2012 (77 FR 
47329). That NPRM proposed to rescind AD 2009-22-13, which requires an 
inspection to determine if certain MOV 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. The proposed actions were intended to prevent an unsafe 
condition from being introduced on airplanes affected by AD 2009-22-13.

Comments

    We gave the public the opportunity to participate in considering 
the proposal (77 FR 47329, August 8, 2012) to rescind AD 2009-22-13, 
Amendment 39-16066 (74 FR 55755, October 29, 2009). The following 
presents relevant comments received on the proposal and the FAA's 
response.

Requests To Clarify ``Different Unsafe Condition''

    UPS and Boeing requested clarification of the different unsafe 
condition introduced by the actions required by AD 2009-22-13, 
Amendment 39-16066 (74 FR 55755, October 29, 2009). UPS stated there is 
no clear direction on which unsafe condition would have a greater 
impact to the continued safe operation of the airplane, and 
subsequently, it is not clear what further action should be done to 
address airplanes on which the requirements of AD 2009-22-13 have been 
accomplished.
    We agree that clarification of the different unsafe condition is 
necessary. AD 2009-22-13, Amendment 39-16066 (74 FR 55755, October 29, 
2009), addresses the potential for an electrical current to flow 
through certain MOV actuators into the fuel tank. The new MOV actuators 
are required by AD 2009-22-13 for 11 to 13 locations (depending on 
configuration) on the airplane, and that AD addresses an unsafe 
condition related to Special Federal Aviation Regulation No. 88 (``SFAR 
88'' (66 FR 23086, May 7, 2001), Amendment 21-78, and subsequent 
Amendments 21-82 and 21-83). However, the new MOV actuators have been 
found to have a risk of latent failure. At three of the 11 to 13 
locations, this actuator failure could result in a different unsafe 
condition--an inability to shut off fuel flow to an APU or engine 
during an engine fire. This latent failure is not a safety risk in the 
other eight to ten locations.
    We have determined that AD 2009-22-13, Amendment 39-16066 (74 FR 
55755, October 29, 2009), should not be rescinded, but should continue 
to require actions that address SFAR 88-related safety. Because AD 
2009-22-13 does address a significant safety risk, it is not in the 
interest of safety to rescind that AD. For the new MOV actuators, we 
are considering further rulemaking to address the three locations where 
a latent failure of the actuator could result in a failure to shut off 
fuel flow during an engine fire.

FAA's Conclusions

    Upon further consideration, we have determined that the NPRM (77 FR 
47329, August 8, 2012) does not adequately address the safety concern. 
Accordingly, the NPRM is withdrawn.
    Withdrawal of the NPRM (77 FR 47329, August 8, 2012) 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 (77 FR 47329, August 8, 
2012), 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.

[[Page 37498]]

The Withdrawal

    Accordingly, we withdraw the NPRM, Docket No. FAA-2012-0805, 
Directorate Identifier 2012-NM-117-AD, which was published in the 
Federal Register on August 8, 2012 (77 FR 47329).

    Issued in Renton, Washington, on June 13, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-14861 Filed 6-20-13; 8:45 am]
BILLING CODE 4910-13-P
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