[Federal Register Volume 74, Number 144 (Wednesday, July 29, 2009)]
[Proposed Rules]
[Pages 37657-37658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17932]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

========================================================================


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

[[Page 37657]]



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).

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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:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> 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 <a href="/cdn-cgi/l/email-protection#a3cec68dc1ccc6c0cccee3c1ccc6cacdc48dc0ccce"><span class="__cf_email__" data-cfemail="b1dcd49fd3ded4d2dedcf1d3ded4d8dfd69fd2dedc">[email protected]</span></a>; 
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

[[Page 37658]]

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.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  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, e-mail information to <a href="/cdn-cgi/l/email-protection#6a53472b242747390f0b1e1e060f472b2925472b27252947380f1b1f0f191e192a0c0b0b440d051c"><span class="__cf_email__" data-cfemail="f8c1d5b9b6b5d5ab9d998c8c949dd5b9bbb7d5b9b5b7bbd5aa9d898d9d8b8c8bb89e9999d69f978e">[email protected]</span></a>.
    (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


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