[Federal Register Volume 77, Number 153 (Wednesday, August 8, 2012)]
[Proposed Rules]
[Pages 47329-47330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-19238]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0805; Directorate Identifier 2012-NM-117-AD]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Proposed rule; rescission.

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SUMMARY: We propose to rescind an existing airworthiness directive (AD) 
that applies to certain The Boeing Company Model 767-200, -300, -300F, 
and -400ER series airplanes. The existing AD currently requires an 
inspection to determine if certain motor operated valve actuators for 
the fuel tanks are installed, and related investigative and corrective 
actions if necessary. We issued that 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. Since we issued that AD, we have received new data 
indicating that the existing AD addresses that safety concern, but also 
introduces a different unsafe condition.

DATES: We must receive comments on this proposed AD by September 24, 
2012.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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: Deliver to the Mail address above 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, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; 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.

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 (phone: 800-647-5527) is in the ADDRESSES 
section. Comments will be available in the AD docket shortly after 
receipt.

FOR FURTHER INFORMATION CONTACT: Rebel Nichols, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: (425) 917-
6509; fax: (425) 917-6590; email: [email protected].

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-2012-0805; 
Directorate Identifier 2012-NM-117-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.

[[Page 47330]]

    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

    On October 19, 2009, we issued AD 2009-22-13, Amendment 39-16066 
(74 FR 55755, October 29, 2009), for certain The Boeing Company Model 
767-200, -300, -300F, and -400ER series airplanes. That AD requires an 
inspection to determine if certain motor operated valve actuators for 
the fuel tanks are installed, and related investigative and corrective 
actions if necessary. That AD resulted from fuel system reviews 
conducted by the manufacturer. We issued that 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.

Actions Since Existing AD (74 FR 55755, October 29, 2009) Was Issued

    Since we issued AD 2009-22-13, Amendment 39-16066 (74 FR 55755, 
October 29, 2009), we discovered that the corrective action addresses 
that safety concern, but also introduces a different unsafe condition. 
The manufacturer is developing a more complete solution to address both 
unsafe conditions. We will consider additional rulemaking to require a 
new solution once that solution is developed, approved, and available 
for accomplishment.

FAA's Conclusions

    Upon further consideration, we have determined that existing AD 
2009-22-13, Amendment 39-16066 (74 FR 55755, October 29, 2009), must be 
rescinded. Accordingly, this proposed AD would rescind AD 2009-22-13. 
Rescission of AD 2009-22-13 would not preclude the FAA from issuing 
another related action or commit the FAA to any course of action in the 
future.

Related Costs

    AD 2009-22-13, Amendment 39-16066 (74 FR 55755, October 29, 2009), 
affects about 397 airplanes of U.S. registry. The estimated cost of the 
currently required actions for U.S. operators is between $67,490 and 
$134,980, or between $170 and $340 per airplane. Rescinding AD 2009-22-
13 would eliminate those costs.

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 have 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 that the 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);
    (3) Will not affect intrastate aviation in Alaska; and
    (4) 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.

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 removing airworthiness directive 
(AD) 2009-22-13, Amendment 39-16066 (74 FR 55755, October 29, 2009), 
and adding the following new AD:

The Boeing Company: Docket No. FAA-2012-0805; Directorate Identifier 
2012-NM-117-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by September 
24, 2012.

Affected ADs

    (b) This action rescinds AD 2009-22-13, Amendment 39-16066 (74 
FR 55755, October 29, 2009).

Applicability

    (c) This action applies to The Boeing Company 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.

    Issued in Renton, Washington, on July 31, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-19238 Filed 8-7-12; 8:45 am]
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