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

12094 

Vol. 74, No. 54 

Monday, March 23, 2009 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–28348; Directorate 

Identifier 2007–NM–060–AD] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 737–600, –700, –700C, –800, and 

–900 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Supplemental notice of 

proposed rulemaking (NPRM); 

reopening of comment period. 

SUMMARY: We are revising an earlier 

proposed airworthiness directive (AD) 

for certain Boeing Model 737–600, –700, 

–700C, –800 and –900 series airplanes. 

The original NPRM would have 

required sealing the fasteners on the 

front and rear spars inside the main fuel 

tank and on the lower panel of the 

center fuel tank, inspecting the wire 

bundle support installation in the 

equipment cooling system bays to 

identify the type of clamp installed and 

determine whether the Teflon sleeve is 

installed, and doing related corrective 

actions if necessary. We subsequently 

issued a supplemental NPRM to revise 

the compliance time for the corrective 

actions specified in the original NPRM. 

This action resulted from a design 

review of fuel tank systems. This second 

supplemental revises the original NPRM 

by clarifying the applicability of certain 

actions for certain airplanes. We are 

proposing this second supplemental 

NPRM to prevent arcing at certain fuel 

tank fasteners in the event of a lightning 

strike or fault current event, which, in 

combination with flammable fuel 

vapors, could result in a fuel tank 

explosion and consequent loss of the 

airplane. 

DATES: We must receive comments on 

this supplemental NPRM by April 17, 

2009. 

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 or 425–227–1152. 

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: 

Samuel Spitzer, Aerospace Engineer, 

Propulsion Branch, ANM–140S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 917–6510; 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–2007–28348; Directorate Identifier 

2007–NM–060–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 issued a supplemental notice of 

proposed rulemaking (NPRM) (the ‘‘first 

supplemental NPRM’’) to amend 14 CFR 

part 39 to include an airworthiness 

directive (AD) that would apply to 

certain Boeing Model 737–600, –700, 

–700C, –800 and –900 series airplanes. 

The first supplemental NPRM was 

published in the Federal Register on 

January 2, 2008 (73 FR 73). That first 

supplemental NPRM proposed to 

require sealing the fasteners on the front 

and rear spars inside the main fuel tank 

and on the lower panel of the center fuel 

tank, inspecting the wire bundle 

support installation in the equipment 

cooling system bays to identify the type 

of clamp installed and determine 

whether the Teflon sleeve is installed, 

and doing related corrective actions if 

necessary. 

Actions Since Supplemental NPRM 

Was Issued 

Since we issued the first 

supplemental NPRM, Boeing has 

revised Boeing Alert Service Bulletin 

737–57A1279, dated January 24, 2007, 

(which we referred to as the appropriate 

source of service information in the first 

supplemental NPRM), because certain 

airplanes were assigned to an incorrect 

group number. Additional work is 

necessary for the mis-assigned 

airplanes. The additional work includes 

sealing the fuel tank fastener and 

general visual inspections of the wire 

bundle support installation, as 

applicable. We have reviewed Boeing 

Alert Service Bulletin 737–57A1279, 

Revision 1, dated September 25, 2008 


dwashington3 on PROD1PC60 with PROPOSALS
Federal Register / Vol. 74, No. 54 / Monday, March 23, 2009 / Proposed Rules 12095 

(‘‘Revision 1 of the service bulletin’’). 

Revision 1 of the service bulletin 

includes a change to the service bulletin 

effectivity as well as changes to the 

access instructions for the Krueger flap 

operation. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comment received. 

Request for More Detailed Information 

in Airplane Maintenance Manuals 

(AMMs) 

Continental Airlines (CAL) is 

concerned that not enough attention has 

been given in the proposed AD to 

ensure that the specific detailed 

inspections are preserved for the longterm operation of the CAL fleet. CAL 

notes that the AMM includes only 

generic information. CAL states that 

including information detailed by the 

airplane’s production drawings must be 

available in manuals that are routinely 

used by maintenance personnel. 

Including this information will prevent 

inadvertent reversal of the design 

configuration that can lead to creating 

potential ignition sources. 

We infer that CAL would like us to 

revise the first supplemental NPRM to 

include an action to revise maintenance 

documents that are routinely used by 

maintenance personnel. We partially 

agree. We agree that ensuring that the 

requirements of the proposed AD are 

maintained throughout the life of the 

airplane maintains the required level of 

safety for this design. We disagree with 

delaying the issuance of the AD while 

the manufacturer works through its 

processes to develop revisions to the 

maintenance documents. We have 

determined that an unsafe condition 

exists and that the actions proposed in 

this second supplemental NPRM must 

be mandated in a timely fashion to 

ensure continued operational safety. If 

the revised maintenance documents are 

available and approved, we might 

consider further rulemaking at that time. 

In addition, we note that as a result 

of CAL’s comment, we have initiated 

discussions with Boeing about 

including more detail in the Instructions 

for Continued Airworthiness (ICA) to 

ensure that the proposed requirements 

are maintained throughout the life of the 

airplane. We have not changed the 

supplemental NPRM regarding this 

issue. 

Explanation of Additional Change 

We have added a new paragraph (d) 

to this second supplemental NPRM to 

identify the Air Transport Association 

(ATA) of America code for the unsafe 

condition. We have re-lettered 

subsequent paragraphs accordingly. 

FAA’s Determination and Proposed 

Requirements of the Supplemental 

NPRM 

We are proposing this supplemental 

NPRM because we evaluated all 

pertinent information and determined 

an unsafe condition exists and is likely 

to exist or develop on other products of 

the same type design. Certain changes 

described above expand the scope of the 

original NPRM. As a result, we have 

determined that it is necessary to reopen 

the comment period to provide 

additional opportunity for the public to 

comment on this second supplemental 

NPRM. 

Costs of Compliance 

There are about 1,754 airplanes of the 

affected design in the worldwide fleet; 

of these, 645 airplanes are U.S. 

registered. The following table provides 

the estimated costs for U.S. operators to 

comply with this second supplemental 

NPRM, at an average hourly labor rate 

of $80. 

ESTIMATED COSTS

Action Group Work hours Cost per 

airplane 

Number of 

U.S.-registered 

airplanes 

Fleet cost 

Sealant application ............................................................... 1 62 $4,960 586 $2,906,560 

2 28 2,240 44 98,560 

3 28 2,240 15 33,600 

Inspection ............................................................................. 1 4 320 586 187,520 

2 4 320 44 14,080 

3 2 160 15 2,400 

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, 


dwashington3 on PROD1PC60 with PROPOSALS
12096 Federal Register / Vol. 74, No. 54 / Monday, March 23, 2009 / Proposed Rules 

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: 

Boeing: Docket No. FAA–2007–28348; 

Directorate Identifier 2007–NM–060–AD. 

Comments Due Date 

(a) We must receive comments by April 17, 

2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Model 737–600, 

–700, –700C, –800 and –900 series airplanes, 

certificated in any category; as identified in 

Boeing Alert Service Bulletin 737–57A1279, 

Revision 1, dated September 25, 2008. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 57: Wings. 

Unsafe Condition 

(e) This AD results from a design review 

of the fuel tank systems. The Federal 

Aviation Administration is issuing this AD to 

prevent arcing at certain fuel tank fasteners 

in the event of a lightning strike or fault 

current event, which, in combination with 

flammable fuel vapors, could result in a fuel 

tank explosion and consequent loss 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. 

Fastener Sealant 

(g) Within 60 months after the effective 

date of this AD: Seal the fasteners on the 

front and rear spars inside the main fuel tank 

and on the lower panel of the center fuel 

tank, as applicable, in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 737–57A1279, Revision 1, 

dated September 25, 2008. 

Inspection 

(h) Within 60 months after the effective 

date of this AD: Perform a general visual 

inspection of the wire bundle support 

installation in the equipment cooling system 

bays to identify the type of clamp installed, 

and determine whether the Teflon sleeve is 

installed. Do these actions in accordance 

with the Accomplishment Instructions of 

Boeing Alert Service Bulletin 737–57A1279, 

Revision 1, dated September 25, 2008 (‘‘the 

service bulletin’’). Do all applicable 

corrective actions before further flight in 

accordance with the service bulletin. 

Actions Accomplished Previously 

(i) Actions done before the effective date of 

this AD in accordance with Boeing Alert 

Service Bulletin 737–57A1279, dated January 

24, 2007, are acceptable for compliance with 

the corresponding requirements of this AD 

only for the following line numbers (L/Ns): 

LNs 1 through 570 inclusive, and L/Ns 1692 

through 1754 inclusive. 

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: Samuel 

Spitzer, Aerospace Engineer, Propulsion 

Branch, ANM–140S, FAA, Seattle Aircraft 

Certification Office, 1601 Lind Avenue, SW., 

Renton, Washington 98057–3356; telephone 

(425) 917–6510; fax (425) 917–6590. 

(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, in the FAA Flight Standards 

District Office (FSDO), or lacking a principal 

inspector, your local FSDO. The AMOC 

approval letter must specifically reference 

this AD. 

Issued in Renton, Washington, on March 

10, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–6217 Filed 3–20–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0226; Directorate 

Identifier 2007–SW–35–AD] 

RIN 2120–AA64 

Airworthiness Directives; Agusta 

S.p.A. Model A109E, A109S, A119, and 

AW119MKII Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for Agusta 

S.p.A. (Agusta) Model A109E, A109S, 

A119, and AW119MKII helicopters. 

This proposed AD results from 

mandatory continuing airworthiness 

information (MCAI) originated by an 

aviation authority of another country to 

identify and correct an unsafe condition 

on an aviation product. The European 

Aviation Safety Agency (EASA), the 

Technical Agent for the aviation 

authority of Italy, with which we have 

a bilateral agreement, has issued an 

MCAI AD which states that two cases of 

cracks on a certain cargo hook lever 

(lever) have been reported by the 

manufacturer of the cargo hook. This 

lever is a critical structural component 

of the cargo hook, and a crack could 

result in inadvertent loss of the cargo 

hook load. The proposed AD would 

require actions that are intended to 

address the unsafe condition caused by 

cracks in the cargo hook lever. 

DATES: We must receive comments on 

this proposed AD by April 22, 2009. 

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. 

You may get the service information 

identified in this proposed AD from 

Agusta, Via Giovanni Agusta, 520 21017 

Cascina Costa di Samarate (VA), Italy, 

telephone 39 0331–229111, fax 39 

0331–229605/222595, or at http:// 

customersupport.agusta.com/ 

technical_advice.php. 

EXAMINING THE DOCKET: You may 

examine the AD docket on the Internet 

at http://www.regulations.gov or in 

person at the Docket Operations office 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

The AD docket contains this proposed 

AD, the economic evaluation, any 

comments received, and other 

information. The street address for the 

Docket Operations 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: John 

Strasburger, Aviation Safety Engineer, 

FAA, Rotorcraft Directorate, Regulations 

and Policy Group, 2601 Meacham Blvd., 

Fort Worth, Texas 76137; telephone 

(817) 222–5167; fax (817) 222–5961. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 


dwashington3 on PROD1PC60 with PROPOSALS