Federal Register / Vol. 74, No. 65 / Tuesday, April 7, 2009 / Proposed Rules 15681 

mushrooms annually shall be entitled to 

one representative on the Council. 

(2) As provided in paragraph (c) of 

this section, importers shall be 

represented by a single, separate region, 

which shall be entitled to one 

representative, if such region imports, 

on average, at least 50,000,000 pounds 

of mushrooms annually. 

(3) If the annual production of a 

region is greater than 110,000,000 

pounds, but less than or equal to 

180,000,000 pounds, the region shall be 

represented by 1 additional member. 

(4) If the annual production of a 

region is greater than 180,000,000 

pounds, but less than or equal to 

260,000,000 pounds, the region shall be 

represented by 2 additional members. 

(5) If the annual production of a 

region is greater than 260,000,000 

pounds, the region shall be represented 

by 3 additional members. 

(6) Should, in the aggregate, regions 

be entitled to levels of representation 

under paragraphs (e)(1), (2), (3), (4) and 

(5) of this section that would exceed the 

nine-member limit on the Council under 

the Act, the seat or seats assigned shall 

be assigned to that region or those 

regions with greater on-average 

production or import volume than the 

other regions otherwise eligible at that 

increment level. 

(f) * * * 

(g) * * * 

3. In § 1209.38, redesignate 

paragraphs (l) and (m) as paragraphs (m) 

and (n), respectively, and add a new 

paragraph (l) to read as follows: 

§ 1209.38 Powers. 

* * * * * 

(l) To develop and propose to the 

Secretary programs for good agricultural 

and good handling practices and related 

activities for mushrooms. 

* * * * * 

§ 1209.230 [Removed] 

4. Section 1209.230 is removed. 

Dated: March 30, 2009. 

Robert C. Keeney, 

Acting Associate Administrator. 

[FR Doc. E9–7476 Filed 4–6–09; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0314; Directorate 

Identifier 2008–NM–196–AD] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 767–200, –300, –300F, and 

–400ER 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 767–200, –300, –300F, 

and –400ER series airplanes. This 

proposed AD would require an 

inspection to determine if certain motor 

operated valve actuators for the fuel 

tanks are installed, and related 

investigative and corrective actions if 

necessary. This proposed AD results 

from fuel system reviews conducted by 

the manufacturer. We are proposing 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. 

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– 

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: 

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. 

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–2009–0314; Directorate Identifier 

2008–NM–196–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 

The FAA has examined the 

underlying safety issues involved in fuel 

tank explosions on several large 

transport airplanes, including the 

adequacy of existing regulations, the 

service history of airplanes subject to 

those regulations, and existing 

maintenance practices for fuel tank 

systems. As a result of those findings, 

we issued a regulation titled ‘‘Transport 

Airplane Fuel Tank System Design 

Review, Flammability Reduction and 

Maintenance and Inspection 

Requirements’’ (66 FR 23086, May 7, 

2001). In addition to new airworthiness 

standards for transport airplanes and 

15682 Federal Register / Vol. 74, No. 65 / Tuesday, April 7, 2009 / Proposed Rules 

new maintenance requirements, this 

rule included Special Federal Aviation 

Regulation No. 88 (‘‘SFAR 88,’’ 

Amendment 21–78, and subsequent 

Amendments 21–82 and 21–83). 

Among other actions, SFAR 88 

requires certain type design (i.e., type 

certificate (TC) and supplemental type 

certificate (STC)) holders to substantiate 

that their fuel tank systems can prevent 

ignition sources in the fuel tanks. This 

requirement applies to type design 

holders for large turbine-powered 

transport airplanes and for subsequent 

modifications to those airplanes. It 

requires them to perform design reviews 

and to develop design changes and 

maintenance procedures if their designs 

do not meet the new fuel tank safety 

standards. As explained in the preamble 

to the rule, we intended to adopt 

airworthiness directives to mandate any 

changes found necessary to address 

unsafe conditions identified as a result 

of these reviews. 

In evaluating these design reviews, we 

have established four criteria intended 

to define the unsafe conditions 

associated with fuel tank systems that 

require corrective actions. The 

percentage of operating time during 

which fuel tanks are exposed to 

flammable conditions is one of these 

criteria. The other three criteria address 

the failure types under evaluation: 

Single failures, single failures in 

combination with a latent condition(s), 

and in-service failure experience. For all 

four criteria, the evaluations included 

consideration of previous actions taken 

that may mitigate the need for further 

action. 

We have determined that the actions 

identified in this AD are necessary to 

reduce the potential for ignition sources 

inside fuel tanks caused by latent 

failures, alterations, repairs, or 

maintenance actions, which, in 

combination with flammable fuel 

vapors, could result in fuel tank 

explosions and consequent loss of the 

airplane. 

Boeing has found that, under specific 

conditions, it is possible for electrical 

current to flow through certain motor 

operated valve (MOV) actuators into the 

fuel tank. Boeing has developed a new 

valve actuator to replace those actuators. 

The new MOV actuator includes an 

internal electrical isolator to give the 

MOV actuator protection against 

electrical energy from lightning, hot 

shorts, and internal shorts. The new 

MOV actuator will prevent the flow of 

an electrical current into the fuel tank, 

which, in combination with flammable 

fuel vapors, could result in a fuel tank 

explosion and consequent loss of the 

airplane. 

Related Rulemaking 

On May 8, 2008, we issued AD 2008– 

11–01, amendment 39–15523 (73 FR 

29414, May 21, 2008), for certain Boeing 

Model 767–200, –300, –300F, and 

–400ER series airplanes. That AD 

requires revising the FAA-approved 

maintenance program to incorporate 

new airworthiness limitations (AWLs) 

for fuel tank systems to satisfy SFAR 88 

requirements. That AD also requires the 

initial inspection of certain repetitive 

AWL inspections to phase in those 

inspections, and repair if necessary. 

That AD resulted from a design review 

of the fuel tank systems. We issued that 

AD to prevent the potential for ignition 

sources inside fuel tanks caused by 

latent failures, alterations, repairs, or 

maintenance actions, which, in 

combination with flammable fuel 

vapors, could result in fuel tank 

explosion and consequent loss of the 

airplane. 

The version of the Maintenance 

Planning Data (MPD) Document 

(described below) that is required by AD 

2008–11–01 and referenced in this 

proposed AD has not been changed and 

includes the AWLs for this proposed 

AD. 

Relevant Service Information 

We have reviewed Boeing Alert 

Service Bulletin 767–28A0090, dated 

July 3, 2008. The service bulletin 

describes procedures for inspecting to 

determine the part number (P/N) of 

MOV actuators for the main and center 

fuel tanks. The service bulletin specifies 

that no more work is necessary if the 

part number is acceptable. 

If the part number is not acceptable, 

the service bulletin specifies related 

investigative and corrective actions as 

follows: 

• Replacing the MOV actuator with a 

new actuator having P/N MA30A1001. 

• Doing an electrical resistance check; 

and, if the resistance is not acceptable, 

reworking the faying bond and airplane 

parts (including the index plate and 

adapter plate, as applicable). 

• For any new part installed at the 

dual forward/aft engine fuel crossfeed 

location, inspecting for the ‘‘SWEENEY 

ENGR CORP’’ marking on the adaptor 

plate, and installing a shim kit as 

applicable. 

• For airplanes that have a deflector 

kit installed at the left and right engine 

fuel shutoff MOV actuator location, 

installing a new wire support assembly 

on the deflector to prevent part 

interference. 

Boeing Alert Service Bulletin 767– 

28A0090, dated July 3, 2008, also cites 

Section 9 of the Boeing 767 MPD 

Document, D622T001–9. 

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, 

except as discussed under ‘‘Differences 

Between the Proposed AD and the 

Service Bulletin.’’ 

Differences Between the Proposed AD 

and the Service Bulletin 

Although Boeing Alert Service 

Bulletin 767–28A0090, dated July 3, 

2008 (‘‘the service bulletin’’), refers to 

Section 9 of the Boeing 767 

Maintenance Planning Data (MPD) 

Document, D622T001–9, this proposed 

AD would not require revising the FAAapproved maintenance program to 

incorporate the new airworthiness 

limitations (AWLs) in Revision April 

2008 of that document. We require that 

action in AD 2008–11–01. 

The service bulletin also specifies 

replacing any MOV actuator having part 

number MA20A1001–1 with a new 

MOV actuator having P/N MA30A1001; 

however, this proposed AD would 

include other acceptable replacement 

part numbers. Other approved part 

numbers that are interchangeable with 

P/N MA30A1001 are as follows: 

• MA20A2027 (S343T003–56) 

• MA11A1265–1 (S343T003–41) 

• AV–31–1 (S343T003–111) 

Costs of Compliance 

We estimate that this proposed AD 

would affect 397 airplanes of U.S. 

registry. We also estimate that it would 

take about 1 work-hour per product to 

comply with this proposed AD. The 

average labor rate is $80 per work-hour. 

Required parts would cost about $80 per 

product. Based on these figures, we 

estimate the cost of this proposed AD to 

the U.S. operators to be $63,520, or $160 

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 

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–