[Federal Register: September 11, 2006 (Volume 71, Number 175)]
[Proposed Rules]
[Page 53347-53348]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11se06-20]
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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Accordingly, the proposed rule is withdrawn.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]
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