[Federal Register Volume 71, Number 175 (Monday, September 11, 2006)]
[Proposed Rules]
[Pages 53347-53348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-14944]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-200-AD]
RIN 2120-AA64


Airworthiness Directives; Lockheed Model L-1011-385 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Proposed rule; withdrawal.

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SUMMARY: This action withdraws a notice of proposed rulemaking (NPRM) 
that proposed a new airworthiness directive (AD), applicable to all 
Lockheed Model L-1011-385 series airplanes. That action would have 
required repetitive leak tests of the lavatory drain systems and 
repair, if necessary; installation of a lever lock cap, vacuum breaker 
check valve or flush/fill line ball valve on the flush/fill line; 
periodic seal changes; and replacement of ``donut'' type waste drain 
valves installed in the waste drain system. Since the issuance of the 
NPRM, the Federal Aviation Administration (FAA) has reviewed existing 
data and determined that, for airplanes without a history of engine 
damage resulting from ``blue ice,'' such as Lockheed Model L-1011-385 
series airplanes, the hazard of ``blue ice'' to persons and property 
may be more appropriately addressed through means other than AD action. 
Accordingly, the proposed rule is withdrawn.

FOR FURTHER INFORMATION CONTACT: Hector Hernandez, Aerospace Engineer, 
Systems and Equipment Branch, ACE-119A, FAA, Atlanta Aircraft 
Certification Office, One Crown Center, 1895 Phoenix Boulevard, suite 
450, Atlanta, Georgia 30349; telephone (770) 703-6069; fax (770) 703-
6097.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to add a new airworthiness 
directive (AD), applicable to all Lockheed Model 1011-385 series 
airplanes, was published in the Federal Register as a Notice of 
Proposed Rulemaking (NPRM) on September 3, 1998 (63 FR 46927). The 
proposed rule would have required repetitive leak tests of the lavatory 
drain systems and repair, if necessary; installation of a lever lock 
cap, vacuum breaker check valve or flush/fill line ball valve on the 
flush/fill line; periodic seal changes; and replacement of ``donut'' 
type waste drain valves installed in the waste drain system. That 
action was prompted by continuing reports of damage to engines, 
airframes, and to property on the ground, caused by ``blue ice'' that 
forms from leaking lavatory drain systems on transport category 
airplanes and subsequently dislodges from the airplane fuselage. The 
proposed actions were intended to prevent such damage associated with 
the problems of ``blue ice.''

Comments Received Regarding the NPRM

    Several commenters request various changes to the NPRM. In light of 
the fact that we are withdrawing the NPRM, responses to those requests 
are unnecessary, except as discussed below.

[[Page 53348]]

Request To Withdraw the NPRM

    One commenter, American Trans Air, suggests several reasons why an 
AD is unnecessary for Lockheed Model L-1011-385 series airplanes. The 
commenter points out that Model L-1011-385 series airplanes do not have 
the adverse service history with ``blue ice'' leakage that some other 
airplane models have. The commenter suggests that this may be due, in 
part, to certain basic differences between the forward lavatory waste 
system of Model L-1011-385 series airplanes and certain other airplanes 
such as Boeing Model 727 and 737 airplanes. In support of this 
statement, the commenter submitted a drawing showing basic differences 
between the forward lavatory waste system of Model L-1011-385 series 
airplanes and Model 727 series airplanes. Additionally, the commenter 
states that normal preflight inspections for blue streaks on the 
fuselage are adequate for detecting valve leakage without requiring 
mandatory action.
    The FAA infers that the commenter is requesting that the NPRM be 
withdrawn. We agree with the commenter's statements. In addition, for 
the reasons stated below, we are withdrawing the NPRM.

Actions That Occurred Since the NPRM Was Issued

    Since the issuance of that NPRM, we have determined that it is 
unnecessary to regulate the actions proposed in the NPRM for certain 
airplane models equipped with potable water systems and lavatory fill 
and drain systems, including Model L1011-385 series airplanes. Based on 
analysis of various service information and data accumulated in the 
last several years, we have determined that, for airplanes without a 
history of engine damage resulting from ``blue ice,'' such as Model L-
1011-385 series airplanes, the hazards of ``blue ice'' to persons or 
property on the ground may be more appropriately addressed by the 
issuance of a special airworthiness information bulletin (SAIB).

FAA's Conclusions

    Upon further consideration, we have issued SAIB NM-06-57, dated 
July 27, 2006, which contains recommendations for owners and operators 
of certain transport category airplanes regarding maintenance and 
ground handling practices and procedures that are intended to 
adequately address issues involving ``blue ice.'' Accordingly, the 
proposed rule is hereby withdrawn.
    Withdrawal of this NPRM constitutes only such action, and does not 
preclude the agency from issuing another action in the future, nor does 
it commit the agency to any course of action in the future.

Regulatory Impact

    Since this action only withdraws a notice of proposed rulemaking, 
it is neither a proposed nor a final rule and therefore is not covered 
under Executive Order 12866, the Regulatory Flexibility Act, or DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979).

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Withdrawal

    Accordingly, the notice of proposed rulemaking, Docket 98-NM-200-
AD, published in the Federal Register on September 3, 1998 (63 FR 
46927), is withdrawn.

    Issued in Renton, Washington, on September 1, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E6-14944 Filed 9-8-06; 8:45 am]
BILLING CODE 4910-13-P