Federal Register / Vol. 74, No. 65 / Tuesday, April 7, 2009 / Proposed Rules 15683 

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: 

Boeing: Docket No. FAA–2009–0314; 

Directorate Identifier 2008–NM–196–AD. 

Comments Due Date 

(a) We must receive comments by May 22, 

2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Boeing Model 767– 

200, –300, –300F, and –400ER series 

airplanes, certificated in any category; as 

identified in Boeing Alert Service Bulletin 

767–28A0090, dated July 3, 2008. 

Unsafe Condition 

(d) This AD results from fuel system 

reviews conducted by the manufacturer. We 

are issuing this AD to prevent an ignition 

source inside the fuel tanks, which, in 

combination with flammable fuel vapors, 

could result in a fuel tank explosion and 

consequent loss of the airplane. 

Compliance 

(e) Comply with this AD within the 

compliance times specified, unless already 

done. 

Subject 

(f) Air Transport Association (ATA) of 

America Code 28: Fuel. 

Inspection and Related Investigative/ 

Corrective Actions 

(g) Within 60 months after the effective 

date of this AD, do the actions in paragraphs 

(g)(1) and (g)(2) of this AD. 

(1) Inspect the motor operated valves 

(MOVs) in the main and center fuel tanks to 

determine if any MOV having part number 

(P/N) MA20A1001–1 is installed, in 

accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

767–28A0090, dated July 3, 2008. A review 

of airplane maintenance records is acceptable 

in lieu of this inspection if the part number 

can be conclusively determined from that 

review. 

(2) Do all applicable related investigative 

and corrective actions specified in and in 

accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

767–28A0090, dated July 3, 2008, except as 

provided by paragraph (h) of this AD. 

Alternative Part Numbers 

(h) Where Boeing Alert Service Bulletin 

767–28A0090, dated July 3, 2008, specifies 

replacing any actuator having P/N 

MA20A1001–1 with a new actuator having 

P/N MA30A1001, a new or serviceable 

actuator having any of the following part 

numbers is also acceptable as a replacement 

part: MA20A2027 (S343T003–56); 

MA11A1265–1 (S343T003–41); or AV–31–1 

(S343T003–111). 

Alternative Methods of Compliance 

(AMOCs) 

(i)(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: 

Douglas Bryant, Aerospace Engineer, 

Propulsion Branch, ANM–140S, FAA, Seattle 

Aircraft Certification Office, 1601 Lind 

Avenue, SW., Renton, Washington 98057– 

3356; telephone (425) 917–6505; 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, 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 

March 30, 2009. 

Steve Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–7805 Filed 4–6–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0288; Directorate 

Identifier 2008–NM–214–AD] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

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 

Boeing Model 737–600, –700, –700C, 

–800, –900 and –900ER series airplanes. 

This proposed AD would require 

modifying the fluid drain path in the 

wing leading edge area, forward of the 

wing front spar and doing all applicable 

related investigative and corrective 

actions. This proposed AD results from 

a report received of leaking fuel from 

the wing leading edge area at the 

inboard end of the number 5 leading 

edge slat. We are proposing this AD to 

prevent flammable fluids from 

accumulating in the wing leading edge 

and draining inboard and onto the 

engine exhaust nozzle, which could 

result in a fire. 

DATES: We must receive comments on 

this proposed AD by May 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– 

15684 Federal Register / Vol. 74, No. 65 / Tuesday, April 7, 2009 / Proposed Rules 

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: Sam 

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–2009–0288; Directorate Identifier 

2008–NM–214–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 been notified that leaking 

fuel from the wing leading edge area at 

the inboard end of the number 5 leading 

edge slat was discovered during a postflight inspection on a Model 737 

airplane with a fuel quantity of over 

2,500 lbs. Subsequent investigation 

found that the leak occurred in an area 

of the front spar that does not have a 

proper drain path and appears to have 

been caused by a loose retaining nut of 

the slat track down stop. This led to the 

fuel draining onto the engine exhaust 

nozzle. This condition, if not corrected, 

could result in flammable fluids 

accumulating in the wing leading edge 

and draining inboard and onto the 

engine exhaust nozzle, which could 

result in a fire. 

Relevant Service Information 

We have reviewed Boeing Special 

Attention Service Bulletin 737–57– 

1293, dated November 13, 2008 (‘‘the 

service bulletin’’). The service bulletin 

describes procedures for modifying the 

fluid drain path in the wing leading 

edge area, forward of the wing front 

spar. 

For Group 1 airplanes, the 

modification includes applying sealant 

to the cavities between the inboard slat 

track ribs and leading edge lower panels 

at certain slat stations in the left and 

right wings; installing a flame arrestor 

tube through the vapor barrier rib at the 

outboard leading edge strakelet box to 

direct fluids to the strut drain system; 

applying sealant to create a form-inplace gasket at the blowout door located 

under the strakelet box to prevent fluids 

from leaking onto the engine exhaust 

nozzle; replacing the existing seal in the 

fuel shut-off valve access door with a 

bulb seal to prevent flammable fluid 

leakage onto the engine exhaust nozzle; 

trimming the blowout door hinge; and 

related investigative and corrective 

actions if necessary. The related 

investigative and corrective actions 

include doing a leak test and reapplying 

sealant. 

For Group 2 airplanes, the 

modification includes removing the 

parting agent and sealant at the lower 

leading edge access panel immediately 

outboard of the fuel shutoff valve access 

door in the left and right wings, and 

installing new parting agent and sealant; 

and doing related investigative and 

corrective actions if necessary. The 

related investigative actions include 

inspecting the blowout door hinge for 

trim and doing a leak test. The 

corrective actions include trimming the 

blowout door hinge and reapplying 

sealant. 

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(se) 

same type design(s). 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 754 airplanes of U.S. 

registry. The following table provides 

the estimated costs for U.S. operators to 

comply with this proposed AD. 

TABLE 1—ESTIMATED COSTS

Action Work hours 

Average 

labor rate 

per hour 

Parts Cost per 

product 

Number of U.S.- 

registered airplanes Fleet cost 

Modification, Group 1 ........................ 45 $80 $1,545 $5,145 Up to 754 ................... Up to $3,879,330. 

Install parting agent Group 2 ............ 23 80 None 1,840 Up to 754 ................... Up to $1,387,360. 

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 

Federal Register / Vol. 74, No. 65 / Tuesday, April 7, 2009 / Proposed Rules 15685 

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: 

Boeing: Docket No. FAA–2009–0288; 

Directorate Identifier 2008–NM–214–AD. 

Comments Due Date 

(a) We must receive comments by May 22, 

2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Boeing Model 737– 

600, –700, –700C, –800, –900 and –900ER 

series airplanes, certificated in any category, 

as identified in Boeing Special Attention 

Service Bulletin 737–57–1293, dated 

November 13, 2008. 

Unsafe Condition 

(d) This AD results from a report received 

of leaking fuel from the wing leading edge 

area at the inboard end of the number 5 

leading edge slat. We are issuing this AD to 

prevent flammable fluids from accumulating 

in the wing leading edge and draining 

inboard and onto the engine exhaust nozzle, 

which could result in a fire. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Corrective Actions 

(f) Within 24 months after the effective 

date of this AD, modify the fluid drain path 

in the wing leading edge area, forward of the 

wing front spar, and do all applicable related 

investigative and corrective actions, by 

accomplishing all applicable actions 

specified in the Accomplishment 

Instructions of Boeing Special Attention 

Service Bulletin 737–57–1293, dated 

November 13, 2008. Do all applicable related 

investigative and corrective actions before 

further flight. 

Alternative Methods of Compliance 

(AMOCs) 

(g)(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: Sam 

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 appropriate 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 March 

12, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–7769 Filed 4–6–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[Docket No. 080304370–9128–01] 

RIN 0648–AW52 

Fisheries in the Western Pacific; 

Compensation to Commercial 

Bottomfish and Lobster Fishermen due 

to Fishery Closures in the 

Papahanaumokuakea Marine National 

Monument, Northwestern Hawaiian 

Islands 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

public comments. 

SUMMARY: The Consolidated 

Appropriations Act, 2008, authorizes 

the Secretary of Commerce (Secretary), 

through NMFS, to provide monetary 

compensation to eligible Northwestern 

Hawaiian Islands (NWHI) commercial 

lobster permit holders who were, and 

commercial bottomfish permit holders 

who will be, displaced by fishery 

closures resulting from establishment of 

the Papah naumoku kea Marine 

National Monument (Monument) in the 

NWHI. This proposed rule describes 

and seeks public comment on a permit 

compensation proposal, which 

identifies eligible permit holders and 

describes the permit valuation 

methodology. Holders of NWHI 

commercial Federal bottomfish and 

lobster permits who voluntarily accept 

monetary compensation would be 

required to surrender their permits and 

leave the fisheries. 

DATES: Comments must be received by 

May 4, 2009. 

ADDRESSES: You may submit comments 

on the proposed rule, identified by 

0648–AW52, by either of the following 

methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e–Rulemaking Portal 

www.regulations.gov; or 

• Mail: William L. Robinson, Regional 

Administrator, NMFS, Pacific Islands 

Region (PIR), 1601 Kapiolani Blvd., 

Suite 1110, Honolulu, HI 96814–4700. 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to 

www.regulations.gov without change. 

All personal identifying information (for 

example, name, address, etc.) submitted 

voluntarily by the commenter may be