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

37657 

Vol. 74, No. 144 

Wednesday, July 29, 2009 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0657; Directorate 

Identifier 2009–NM–048–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 replacing the engine fuel shutoff 

valves for the left and right main tanks. 

This proposed AD results from a report 

of a failed engine start, which was 

caused by an internally fractured engine 

fuel shutoff valve. We are issuing this 

AD to prevent the failure of the valve in 

the closed position, open position, or 

partially open position, which could 

result in engine fuel flow problems and 

possible uncontrolled fuel leak or fire. 

DATES: We must receive comments on 

this proposed AD by September 14, 

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–2009–0657; Directorate Identifier 

2009–NM–048–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 a report of a failed 

engine start which was caused by a 

fracture within the engine fuel shutoff 

valve, also known as the spar valve. 

Examination of the valve showed a 

fracture between the splined shaft and 

the disk portion of the valve. This 

condition results in an inability to 

control the valve and could cause the 

spar valve to position itself in the closed 

position, open position, or partially 

open position. If the disc fails in the 

closed position, engine start problems 

could result, as only fuel downstream of 

the valve is available to the engine. If 

the disk fails in the open or partially 

open position, the condition is latent, as 

full thrust can still be achieved and the 

valve actuator functions and reports to 

the cockpit normally. Additionally, if 

the valve fails while partially open, the 

pressure drop across the valve could 

affect takeoff suction feed performance 

if the fuel pumps fail. A failed open or 

partially open valve cannot shut off fuel 

flow if there are fuel leakage conditions 

on the engine side of the valve. This 

condition could result in engine fuel 

flow problems and possible 

uncontrolled fuel leak or fire. 

Relevant Service Information 

We have reviewed Boeing Service 

Bulletin 737–28–1272, dated October 

31, 2008. The service bulletin describes 

procedures for replacing the engine fuel 

spar valves for the left and right main 

tanks with valves that have a stronger 

and more wear-resistant splined shaft 

on the disc portion of the valve. 

The service bulletin refers to ITT 

Aerospace Controls Service Bulletin 

125334D–28–02, dated August 27, 2008, 

as an additional source of service 

information for modifying the valve 

body assembly. 

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 

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37658 Federal Register / Vol. 74, No. 144 / Wednesday, July 29, 2009 / Proposed Rules 

specified in the service information 

described previously. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 883 airplanes of U.S. 

registry. We also estimate that it would 

take 26 work-hours per product to 

comply with this proposed AD. The 

average labor rate is $80 per work-hour. 

Required parts would cost up to $8,496 

per product. Based on these figures, we 

estimate the cost of this proposed AD to 

the U.S. operators to be up to 

$9,338,608, or $10,576 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: 

Boeing: Docket No. FAA–2009–0657; 

Directorate Identifier 2009–NM–048–AD. 

Comments Due Date 

(a) We must receive comments by 

September 14, 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 Service Bulletin 737– 

28–1272, dated October 31, 2008. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 28: Fuel. 

Unsafe Condition 

(e) This AD requires replacing engine fuel 

shutoff valves for the left and right main 

tanks. This AD results from a report of a 

failed engine start, which was caused by an 

internally fractured engine fuel shutoff valve. 

We are issuing this AD to prevent the failure 

of the valve in the closed position, open 

position, or partially open position, which 

could result in engine fuel flow problems and 

possible uncontrolled fuel leak or fire. 

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. 

Replacement of the Engine Fuel Spar Valve 

Body of the Left and Right Wing Main Tanks 

(g) Within 60 months after the effective 

date of this AD: Replace the engine fuel spar 

valve bodies of the left and right wing main 

tanks in accordance with the 

Accomplishment Instructions of Boeing 

Service Bulletin 737–28–1272, dated October 

31, 2008. 

Note 1: Boeing Service Bulletin 737–28– 

1272, dated October 31, 2008, refers to ITT 

Aerospace Controls Service Bulletin 

125334D–28–02, dated August 27, 2008, as 

an additional source of service information 

for modifying the valve body assembly. 

Parts Installation 

(h) As of the effective date of this AD, no 

person may install any engine fuel shutoff 

valve with ITT Aerospace Controls part 

number 125334D–1 (Boeing part number 

S343T003–40) on any airplane at the spar 

valve location. A valve that has been 

modified in accordance with Boeing Service 

Bulletin 737–28–1272, dated October 31, 

2008, to the new ITT 125334D–2 part number 

(Boeing part number S343T003–67) may be 

installed at the spar valve location. 

(i) As of the effective date of this AD, no 

valve with ITT Aerospace Controls part 

number 125334D–1 (Boeing part number 

S343T003–40) that has been removed from 

the spar location may be reinstalled on any 

airplane in any location unless it has been 

modified in accordance with Boeing Service 

Bulletin 737–28–1272, dated October 31, 

2008, to the new ITT 125334D–2 part number 

(Boeing part number S343T003–67). 

Alternative Methods of Compliance 

(AMOCs) 

(j)(1) The Manager, Seattle Aircraft 

Certification Office, 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. Or, email information to 9–ANM–Seattle-ACO– 

AMOC–Requests@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. 

Issued in Renton, Washington, on July 13, 

2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–17932 Filed 7–28–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Part 284 

[Docket No. RM09–2–000] 

Contract Reporting Requirements of 

Intrastate Natural Gas Companies 

Issued July 16, 2009. 

AGENCY: Federal Energy Regulatory 

Commission, DOE. 

ACTION: Notice of proposed rulemaking. 

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