[Federal Register Volume 80, Number 3 (Tuesday, January 6, 2015)]
[Proposed Rules]
[Page 422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30911]



[[Page 422]]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1319; Directorate Identifier 2012-NM-179-AD]
RIN 2120-AA64


Airworthiness Directives; the Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Proposed rule; withdrawal.

-----------------------------------------------------------------------

SUMMARY: The FAA withdraws a notice of proposed rulemaking (NPRM) that 
proposed to revise Airworthiness Directive (AD) 2012-12-15, which 
applies to all The Boeing Company Model 757 airplanes. The NPRM would 
have corrected errors in certain paragraph references in AD 2012-12-15; 
continued to require revising the maintenance program by incorporating 
new and revised fuel tank system limitations in the Airworthiness 
Limitations (AWLs) section of the Instructions for Continued 
Airworthiness; and continued to require the initial inspection of 
certain repetitive AWL inspections to phase-in those inspections, and 
repair if necessary. Since the proposed AD was issued, we have received 
new data that the unsafe condition has been addressed by AD 2012-12-15, 
and the compliance relief that would have been provided by the proposed 
AD is no longer relevant. Accordingly, the proposed AD is withdrawn.

DATES: As of January 6, 2015, the proposed rule, which was published in 
the Federal Register on January 30, 2013 (78 FR 6247), is withdrawn.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2012-
1319; 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 AD action, the NPRM (78 FR 6247, January 30, 2013), the 
regulatory evaluation, any comments received, and other information. 
The address for the Docket Office (telephone 800-647-5527) is the 
Docket Management Facility, U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Jon Regimbal, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6506; fax: 425-917-6590; email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We proposed to amend part 39 of the Federal Aviation Regulations 
(14 CFR part 39) with a notice of proposed rulemaking (NPRM) to revise 
AD 2012-12-15, Amendment 39-17095 (77 FR 42964, July 23, 2012), which 
applies to all The Boeing Company Model 757 airplanes. That NPRM was 
published in the Federal Register on January 30, 2013 (78 FR 6247). The 
NPRM would have corrected errors in certain paragraph references in AD 
2012-12-15; continued to require revising the maintenance program by 
incorporating new and revised fuel tank system limitations in the AWLs 
section of the Instructions for Continued Airworthiness; and continued 
to require the initial inspection of certain repetitive AWL inspections 
to phase-in those inspections, and repair if necessary. The NPRM 
resulted from the discovery of errors in certain paragraph references 
in AD 2012-12-15. The proposed actions were intended 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 a fuel tank 
explosion and consequent loss of the airplane.

Actions Since NPRM (78 FR 6247, January 30, 2013) Was Issued

    Since we issued the NPRM (78 FR 6247, January 30, 2013), commenters 
identified errors in the service information that was referenced in the 
NPRM. We reviewed those errors, considered the amount of time needed to 
address those errors in the service information, and re-considered the 
effect of the errors identified in AD 2012-12-15, Amendment 39-17095 
(77 FR 42964, July 12, 2012). The identified errors in AD 2012-12-15 
could have the unintended effect of implying that the grace period was 
24 months after June 12, 2008 (which is the effective date of AD 2008-
10-11, Amendment 39-15517 (73 FR 25974, May 8, 2008)), which is earlier 
than the intended 24 months after August 27, 2012 (the effective date 
of AD 2012-12-15). In either case, the grace period will have passed 
before the new, corrected AD would be effective. The compliance time 
relief that would have been provided by the new, corrected AD is no 
longer relevant, and there would be no benefit to publishing that new, 
corrected AD.

FAA's Conclusions

    Upon further consideration, we have determined that the compliance 
time relief that would have been provided to operators by the NPRM (78 
FR 6247, January 30, 2013) is no longer relevant. Accordingly, the NPRM 
is withdrawn.
    Withdrawal of the NPRM (78 FR 6247, January 30, 2013), does not 
preclude the FAA from issuing another related action or commit the FAA 
to any course of action in the future.

Regulatory Impact

    Since this action only withdraws an NPRM (78 FR 6247, January 30, 
2013), 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, Incorporation by 
reference, Safety.

The Withdrawal

    Accordingly, we withdraw the NPRM, Docket No. FAA-2012-1319, 
Directorate Identifier 2012-NM-179-AD, which was published in the 
Federal Register on January 30, 2013 (78 FR 6247).

    Issued in Renton, Washington, on December 22, 2014.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-30911 Filed 1-5-15; 8:45 am]
BILLING CODE 4910-13-P