80 FR 80242 - Airworthiness Directives; The Boeing Company Airplanes
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 80, Issue 247 (December 24, 2015)
Federal Aviation Administration
Federal Register Volume 80, Issue 247 (December 24, 2015)
| Page Range | 80242-80247 | |
| FR Document | 2015-30881 |
[Federal Register Volume 80, Number 247 (Thursday, December 24, 2015)] [Rules and Regulations] [Pages 80242-80247] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-30881] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-0828; Directorate Identifier 2014-NM-146-AD; Amendment 39-18341; AD 2015-25-03] RIN 2120-AA64 Airworthiness Directives; The Boeing Company Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: We are superseding Airworthiness Directive (AD) 2013-23-03, which applies to certain The Boeing Company Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 747-400D, 747-400F, and 747SR series airplanes. AD 2013-23-03 required a detailed inspection of certain attach fittings for a cylindrical defect, and replacement if necessary. For certain airplanes, this new AD requires new inspections of the inboard actuator attach fittings for machining defects, and overhaul or replacement if necessary. This new AD also limits the compliance time for doing the replacement for certain other airplanes. This AD was prompted by a report that a machining defect was also found on some of the actuator assemblies inspected during manufacture. This defect could lead to fatigue cracking and subsequent fracture. We are issuing this AD to detect and correct defective inboard actuator attach fittings which, combined with loss of the outboard actuator load path, could result in uncontrolled retraction of the outboard flap, damage to flight control systems, and consequent reduced controllability of the airplane. DATES: This AD is effective January 28, 2016. The Director of the Federal Register approved the incorporation by reference [[Page 80243]] of a certain publication listed in this AD as of January 28, 2016. The Director of the Federal Register approved the incorporation by reference of a certain other publication listed in this AD as of November 29, 2013 (78 FR 68345, November 14, 2013). ADDRESSES: For service information identified in this 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 view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2015- 0828. Examining the AD Docket You may examine the AD docket on the Internet at http://www.regulations.govby searching for and locating Docket No. FAA-2015- 0828; 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, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (phone: 800-647- 5527) is 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: Nathan Weigand, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6428; fax: 425-917-6590; email: [email protected]. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2013-23-03, Amendment 39-17658 (78 FR 68345, November 14, 2013). AD 2013-23-03 applied to certain The Boeing Company Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 747-400D, 747-400F, and 747SR series airplanes. The NPRM published in the Federal Register on April 15, 2015 (80 FR 20178). The NPRM was prompted by a report that a machining defect was also found on some of the actuator assemblies inspected during manufacture. The NPRM proposed to continue to require doing a detailed inspection of certain attach fittings for a cylindrical defect and replacing if necessary. This defect could lead to fatigue cracking and subsequent fracture. For certain airplanes, the NPRM proposed to mandate new inspections of the inboard actuator attach fittings for machining defects, and overhaul or replacement, if necessary. The NPRM also proposed to limit the compliance time for doing the replacement for certain other airplanes. We are issuing this AD to detect and correct defective inboard actuator attach fittings which, combined with loss of the outboard actuator load path, could result in uncontrolled retraction of the outboard flap, damage to flight control systems, and consequent reduced controllability of the airplane. Comments We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the NPRM (80 FR 20178, April 15, 2015) and the FAA's response to each comment. Request to Add Terminating Action Boeing asked that we revise the NPRM (80 FR 20178, April 15, 2015) to specify that no additional action is required for a wall thickness of 0.140 inch or greater with no machining defect present, as also provided in Table 1 of Boeing Alert Service Bulletin 747-57A2443, Revision 1, dated June 23, 2014. We agree with the commenter that no additional action is required for a wall thickness of 0.140 inch or greater with no machining defect present. However, we do not agree with the request to revise the AD because if this condition exists, no action is required by this AD. Only actions that are required to address the identified unsafe condition are specified in this AD. We have made no change to the AD in this regard. Request to Revise Certain Requirements Paragraph (k) of the proposed AD (80 FR 20178, April 15, 2015) would have affected certain inboard actuator attach fittings that were inspected using Boeing Alert Service Bulletin 747-57A2443, dated September 12, 2013. United Airlines (UAL) requested that we remove this inspection criterion. UAL noted that there was no requirement to identify the actuators; therefore, operators would not be likely to positively identify them. UAL added that actuators are not likely to be tracked in position, and could have been moved between airplanes as a result of maintenance. UAL also stated that, in general, it would be better if the AD as a whole was worded not to depend on a record of previous inspection accomplishment, but rather on parts identification. We acknowledge the commenter's concerns. We realize that paragraph (k) of this AD is predicated on the fact that operators kept records from the inspection specified in Boeing Alert Service Bulletin 747- 57A2443, dated September 12, 2013. The intent of this AD is to either replace inboard actuator attach fittings having part number (P/N) 65B08564-7, or to inspect P/N 65B08564-7 for cylindrical defects, machining defects, and wall thickness, and accomplish applicable corrective actions. For that reason we have changed the introductory text of paragraph (k) of this AD so that it applies to airplanes on which doing the detailed inspection required by paragraph (h)(1) of this AD was done before the effective date of this AD and a cylindrical defect was found but a replacement was not done. We have also revised paragraph (k)(1) of this AD to require an ultrasonic inspection to determine the minimum thickness or mechanically determine the minimum thickness and to allow a records review for the inspections. This change ensures all inspections are done on airplanes with P/N 65B08564- 7 that did not replace P/N 65B08564-7 after complying with AD 2013-23- 03, Amendment 39-17658 (78 FR 68345, November 14, 2013). To address airplanes on which inboard actuator attach fittings were replaced after complying with paragraph (h)(1) of AD 2013-23-03, Amendment 39-17658 (78 FR 68345, November 14, 2013), we have added new paragraph (m) to this AD, which specifies that for airplanes on which the detailed inspection required by paragraph (h)(1) of this AD is done before the effective date of this AD and the inboard actuator attach fitting has been replaced since that inspection, the inspection to determine the part number specified in paragraph (g) of this AD must be done within 90 days after the effective date of this AD, and the applicable actions specified in paragraphs (h), (i), and (j) of this AD must be done within the applicable times specified in paragraphs (h), (i), and (j) of this AD. We have also added a records review as an option if records are available that can conclusively determine the part number. We [[Page 80244]] redesignated subsequent paragraphs accordingly. Request to Add Inspection UAL stated that the actions specified in paragraph (l) of the proposed AD (80 FR 20178, April 15, 2015) would also depend on the record of findings from inspections made in accordance with AD 2013-23- 03, Amendment 39-17658 (78 FR 68345, November 14, 2013). UAL added that there was no AD requirement to record these findings. UAL noted that operators conducted the inspections and took actions that were required. UAL stated that it would be better to call out a new inspection in the AD to determine which condition the actuator is in, and then take action as appropriate. We acknowledge the commenter's concerns. We have revised paragraph (l) of this AD to specify that no actuator attach fitting having P/N 65B08564-7 may be installed on any airplane unless the inspection specified in paragraph (h)(1) of this AD is done prior to installation and the applicable actions specified in paragraphs (i) and (j) of this AD are done within the applicable times specified in paragraphs (i) and (j) of this AD. We have also added a records review as an option if records are available that can conclusively determine if the actions have been done. Change to Paragraph (h)(2) of the Proposed AD ((80 FR 20178, April 15, 2015) We have revised paragraph (h)(2) of this AD by referring to Boeing Alert Service Bulletin 747-57A2443, Revision 1, dated June 23, 2014, as an appropriate source of service information for accomplishing the required actions. Conclusion We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting this AD with the change described previously and minor editorial changes. We have determined that these minor changes:Are consistent with the intent that was proposed in the NPRM (80 FR 20178, April 15, 2015) for correcting the unsafe condition; and Do not add any additional burden upon the public than was already proposed in the NPRM (80 FR 20178, April 15, 2015). We also determined that this change will not increase the economic burden on any operator or increase the scope of this AD. Related Service Information Under 1 CFR Part 51 We reviewed Boeing Alert Service Bulletin 747-57A2443, dated September 12, 2013; and Boeing Alert Service Bulletin 747-57A2443, Revision 1, dated June 23, 2014. The service information describes procedures for new inspections of the inboard actuator attach fittings for machining defects, and overhaul or replacement, if necessary. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. Costs of Compliance We estimate that this AD affects 184 airplanes of U.S. registry. We estimate the following costs to comply with this AD: Estimated Costs ---------------------------------------------------------------------------------------------------------------- Cost per Action Labor cost Parts cost product Cost on U.S. operators ---------------------------------------------------------------------------------------------------------------- Retained inspection for part 7 work-hours x $85 $0 $595 $109,480 number in AD 2013[dash]23-03, per hour = $595. Amendment 39[dash]17658 (78 FR 68345, November 14, 2013). New proposed inspections for 8 work-hours x $85 0 680 $125,120 machining defect. per hour = $680. Replacement for airplanes without 6 work-hours x $85 13,720 14,230 $14,230 per airplane any defect. per hour = $510. ---------------------------------------------------------------------------------------------------------------- We have received no definitive data that would enable us to provide a cost estimate for the on-condition actions specified in this AD. 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 AD will not have federalism implications under Executive Order 13132. This AD will 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 this AD: (1) Is not a ``significant regulatory action'' under Executive Order 12866, (2) Is not a ``significant rule'' under 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. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39--AIRWORTHINESS DIRECTIVES 0 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. [[Page 80245]] Sec. 39.13 [Amended] 0 2. The FAA amends Sec. 39.13 by removing Airworthiness Directive (AD) 2013-23-03, Amendment 39-17658 (78 FR 68345, November 14, 2013), and adding the following new AD: 2015-25-03 The Boeing Company: Amendment 39-18341; Docket No. FAA- 2015-0828; Directorate Identifier 2014-NM-146-AD. (a) Effective Date This AD is effective January 28, 2016. (b) Affected ADs This AD replaces AD 2013-23-03, Amendment 39-17658 (78 FR 68345, November 14, 2013). (c) Applicability This AD applies to The Boeing Company Model 747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 747- 400D, 747-400F, and 747SR series airplanes, certificated in any category, as identified in Boeing Alert Service Bulletin 747- 57A2443, Revision 1, dated June 23, 2014. (d) Subject Air Transport Association (ATA) of America Code 57, Wings. (e) Unsafe Condition This AD was prompted by a report of the fracture of an inboard actuator attach fitting of the outboard flap. An inspection of the attach fitting revealed that it was incorrectly machined with a cylindrical profile instead of a conical profile, resulting in reduced wall thickness. A machining defect was also found on some actuator assemblies inspected during manufacture at the point where the tapered machining transitioned to the hemispherical machining at the top of the inner surface. This defect could lead to fatigue cracking and subsequent fracture. We are issuing this AD to detect and correct defective inboard actuator attach fittings which, combined with loss of the outboard actuator load path, could result in uncontrolled retraction of the outboard flap, damage to flight control systems, and consequent reduced controllability of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Retained Part Number Inspection With Revised Service Information This paragraph restates the requirements of paragraph (g) of AD 2013-23-03, Amendment 39-17658 (78 FR 68345, November 14, 2013), with revised service information. Within 90 days after November 29, 2013 (the effective date of AD 2013-23-03): Inspect to determine the part number of the inboard actuator attach fittings of the outboard flaps, in accordance with Part 1 of the Accomplishment Instructions of Boeing Alert Service Bulletin 747-57A2443, dated September 12, 2013; or Boeing Alert Service Bulletin 747-57A2443, Revision 1, dated June 23, 2014. As of the effective date of this AD, only Boeing Alert Service Bulletin 747-57A2443, Revision 1, dated June 23, 2014, may be used. (h) Retained Actions for Certain Attach Fittings With Revised Service Information This paragraph restates the requirements of paragraph (h) of AD 2013-23-03, Amendment 39-17658 (78 FR 68345, November 14, 2013), with revised service information. If, during the inspection required by paragraph (g) of this AD, any inboard actuator attach fitting having part number (P/N) 65B08564-7 is found, before further flight, do the actions specified in paragraph (h)(1) or (h)(2) of this AD. (1) Do a detailed inspection of the inboard actuator attach fitting for a cylindrical defect, in accordance with Part 2 of the Accomplishment Instructions of Boeing Alert Service Bulletin 747- 57A2443, dated September 12, 2013; or Boeing Alert Service Bulletin 747-57A2443, Revision 1, dated June 23, 2014. As of the effective date of this AD, only Boeing Alert Service Bulletin 747-57A2443, Revision 1, dated June 23, 2014, may be used. For airplanes on which the detailed inspection is done before the effective date of this AD: If any cylindrical defect is found, before further flight, do the actions specified in paragraph (h)(1)(i) or (h)(1)(ii) of this AD. (i) Do a minimum thickness inspection of the inboard actuator attach fitting to determine minimum wall thickness of the actuator fitting assembly, in accordance with Part 3 of the Accomplishment Instructions of Boeing Alert Service Bulletin 747-57A2443, dated September 12, 2013; or Boeing Alert Service Bulletin 747-57A2443, Revision 1, dated June 23, 2014. If the minimum thickness of the wall is less than 0.130 inch: Before further flight, replace the inboard actuator attach fitting of the outboard flap, in accordance with Part 4 of the Accomplishment Instructions of Boeing Alert Service Bulletin 747-57A2443, dated September 12, 2013. (ii) Replace the inboard actuator attach fitting of the outboard flap, in accordance with Part 4 of the Accomplishment Instructions of Boeing Alert Service Bulletin 747-57A2443, dated September 12, 2013. (2) Replace the inboard actuator attach fitting of the outboard flap, in accordance with Part 4 of the Accomplishment Instructions of Boeing Alert Service Bulletin 747-57A2443, dated September 12, 2013; or Boeing Alert Service Bulletin 747-57A2443, Revision 1, dated June 23, 2014. As of the effective date of this AD, only Boeing Alert Service Bulletin 747-57A2443, Revision 1, dated June 23, 2014, may be used. (i) New Actions for Certain Airplanes on Which Any Cylindrical Defect Is Found For airplanes on which the detailed inspection required by paragraph (h)(1) of this AD is done on or after the effective date of this AD: If any cylindrical defect is found during any inspection required by paragraph (h)(1) of this AD, before further flight, do the actions specified in paragraph (i)(1) or (i)(2) of this AD. (1) Determine the minimum wall thickness of the actuator attach fitting either by doing an ultrasonic inspection or by mechanically measuring the thickness and do a detailed inspection of the inner conical section to determine if the machining defect is present, in accordance with Part 3 of the Accomplishment Instructions of Boeing Alert Service Bulletin 747-57A2443, Revision 1, dated June 23, 2014. (i) If the minimum thickness of the wall is less than 0.130 inch: Before further flight, replace the inboard actuator attach fitting of the outboard flap, in accordance with Part 4 of the Accomplishment Instructions of Boeing Alert Service Bulletin 747- 57A2443, Revision 1, dated June 23, 2014. (ii) If the minimum thickness of the wall is 0.140 inch or greater and the machining defect is present, before further flight, do the actions specified in paragraph (i)(1)(ii)(A) or (i)(1)(ii)(B) of this AD. (A) Overhaul the inboard actuator attach fitting of the outboard flap, in accordance with Part 5 of the Accomplishment Instructions of Boeing Alert Service Bulletin 747-57A2443, Revision 1, dated June 23, 2014. (B) Replace the inboard actuator attach fitting of the outboard flap, in accordance with Part 4 of the Accomplishment Instructions of Boeing Alert Service Bulletin 747-57A2443, Revision 1, dated June 23, 2014. (iii) If the minimum thickness of the wall is 0.130 inch or greater and less than 0.140 inch and the machining defect is not present, within 48 months or 3,000 flight cycles after the effective date of this AD, whichever occurs first, replace the inboard actuator attach fitting of the outboard flap, in accordance with Part 4 of the Accomplishment Instructions of Boeing Alert Service Bulletin 747-57A2443, Revision 1, dated June 23, 2014. (iv) If the minimum thickness of the wall is 0.130 inch or greater and less than 0.140 inch and the machining defect is present, before further flight, replace the inboard actuator attach fitting of the outboard flap, in accordance with Part 4 of the Accomplishment Instructions of Boeing Alert Service Bulletin 747- 57A2443, Revision 1, dated June 23, 2014. (2) Replace the inboard actuator attach fitting of the outboard flap, in accordance with Part 4 of the Accomplishment Instructions of Boeing Alert Service Bulletin 747-57A2443, Revision 1, dated June 23, 2014. (j) New Actions for Airplanes on Which No Cylindrical Defects Are Found If no cylindrical defect is found during any inspection required by paragraph (h)(1) of this AD, within 24 months after the effective date of this AD, do the actions specified in paragraph (j)(1) or (j)(2) of this AD. (1) Determine the minimum wall thickness of the actuator attach fitting either by doing an ultrasonic inspection or by mechanically measuring the thickness and do a detailed inspection of the inner conical section to determine if the machining defect is present, in accordance with Part 3 of the Accomplishment Instructions of Boeing Alert Service Bulletin 747-57A2443, Revision 1, dated June 23, 2014. [[Page 80246]] (i) If the minimum thickness of the wall is less than 0.130 inch: Before further flight, replace the inboard actuator attach fitting of the outboard flap, in accordance with Part 4 of the Accomplishment Instructions of Boeing Alert Service Bulletin 747 57A2443, Revision 1, dated June 23, 2014. (ii) If the minimum thickness of the wall is 0.140 inch or greater and the machining defect is present, before further flight, do the actions specified in paragraph (j)(1)(ii)(A) or (j)(1)(ii)(B) of this AD. (A) Overhaul the inboard actuator attach fitting of the outboard flap, in accordance with Part 5 of the Accomplishment Instructions of Boeing Alert Service Bulletin 747-57A2443, Revision 1, dated June 23, 2014. (B) Replace the inboard actuator attach fitting of the outboard flap, in accordance with Part 4 of the Accomplishment Instructions of Boeing Alert Service Bulletin 747-57A2443, Revision 1, dated June 23, 2014. (iii) If the minimum thickness of the wall is 0.130 inch or greater and less than 0.140 inch and the machining defect is not present, within 48 months or 3,000 flight cycles after the effective date of this AD, whichever occurs first, replace the inboard actuator attach fitting of the outboard flap, in accordance with Part 4 of the Accomplishment Instructions of Boeing Alert Service Bulletin 747-57A2443, Revision 1, dated June 23, 2014. (iv) If the minimum thickness of the wall is 0.130 inch or greater and less than 0.140 inch and the machining defect is present, before further flight, replace the inboard actuator attach fitting of the outboard flap, in accordance with Part 4 of the Accomplishment Instructions of Boeing Alert Service Bulletin 747- 57A2443, Revision 1, dated June 23, 2014 (2) Replace the inboard actuator attach fitting of the outboard flap, in accordance with Part 4 of the Accomplishment Instructions of Boeing Alert Service Bulletin 747-57A2443, Revision 1, dated June 23, 2014. (k) New Inspection or Replacement for Certain Fittings That Were Previously Inspected For airplanes on which the detailed inspection required by paragraph (h)(1) of this AD is done before the effective date of this AD, except as required by paragraph (m) of this AD: If any cylindrical defect is found during any inspection required by paragraph (h)(1) of this AD and the replacement of the inboard actuator attach fitting of the outboard flap was not done as specified in Part 4 of the Accomplishment Instructions of Boeing Alert Service Bulletin 747-57A2443, within 24 months after the effective date of this AD, do the actions specified in paragraph (k)(1) or (k)(2) of this AD. (1) Do a detailed inspection of the inner conical section for machining defects and do an ultrasonic inspection to determine the minimum thickness or mechanically determine the minimum thickness, in accordance with Part 3 of the Accomplishment Instructions of Boeing Alert Service Bulletin 747-57A2443, Revision 1, dated June 23, 2014. A review of airplane maintenance records, if available, is acceptable to determine the wall thickness and to determine if there are machining defects, provided wall thickness and machining defects can be positively determined from the records review. (i) If any machining defect is found and the minimum thickness of the wall is 0.140 inch or greater: Before further flight, do the actions specified in paragraph (k)(1)(i)(A) or (k)(1)(i)(B) of this AD. (A) Overhaul the inboard actuator attach fitting of the outboard flap, in accordance with Part 5 of the Accomplishment Instructions of Boeing Alert Service Bulletin 747-57A2443, Revision 1, dated June 23, 2014. (B) Replace the inboard actuator attach fitting of the outboard flap, in accordance with Part 4 of the Accomplishment Instructions of Boeing Alert Service Bulletin 747-57A2443, Revision 1, dated June 23, 2014. (ii) If any machining defect is found and the minimum thickness of the wall is 0.130 inch or greater and less than 0.140 inch: Before further flight, replace the inboard actuator attach fitting of the outboard flap, in accordance with Part 4 of the Accomplishment Instructions of Boeing Alert Service Bulletin 747- 57A2443, Revision 1, dated June 23, 2014. (iii) If no machining defect is found and the minimum thickness of the wall is 0.130 inch or greater and less than 0.140 inch: Within 48 months or 3,000 flight cycles after the effective date of this AD, whichever occurs first, replace the inboard actuator attach fitting of the outboard flap, in accordance with Part 4 of the Accomplishment Instructions of Boeing Alert Service Bulletin 747- 57A2443, Revision 1, dated June 23, 2014. (iv) If a machining defect is or is not found and the minimum thickness of the wall is less than 0.130 inch: Before further flight, replace the inboard actuator attach fitting of the outboard flap, in accordance with Part 4 of the Accomplishment Instructions of Boeing Alert Service Bulletin 747-57A2443, Revision 1, dated June 23, 2014. (2) Replace the inboard actuator attach fitting of the outboard flap, in accordance with Part 4 of the Accomplishment Instructions of Boeing Alert Service Bulletin 747-57A2443, Revision 1, dated June 23, 2014. (l) Parts Installation Limitation As of the effective date of this AD, no actuator attach fitting having P/N 65B08564-7 may be installed on any airplane unless the inspection specified in paragraph (h)(1) of this AD is done prior to installation and the applicable actions specified in paragraphs (i) and (j) of this AD are done within the applicable times specified in paragraphs (i) and (j) of this AD. A review of airplane maintenance records, if available, is acceptable to determine if the inspection and applicable actions have been done, provided the inspection and actions can be positively determined from the records review. (m) Action for Parts Installed After AD 2013-23-03, Amendment 39-17658 (78 FR 68345, November 14, 2013) Was Accomplished For airplanes on which the detailed inspection required by paragraph (h)(1) of this AD is done before the effective date of this AD and the inboard actuator attach fitting was replaced since that inspection: Within 90 days after the effective date of this AD, inspect to determine the part number of the inboard actuator attach fittings of the outboard flaps and, for inboard actuator attach fittings having P/N 65B08564-7, do the applicable actions specified in paragraphs (h), (i), and (j) of this AD within the applicable times specified in paragraphs (h), (i), and (j) of this AD. A review of airplane maintenance records, if available, is acceptable to determine the part number, provided the part number can be positively determined from the records review. (n) Alternative Methods of Compliance (AMOCs) (1) The Manager, Seattle Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the ACO, send it to the attention of the person identified in paragraph (o) of this AD. Information may be emailed to: [email protected]. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. (3) An AMOC that provides an acceptable level of safety may be used for any repair required by this AD if it is approved by the Boeing Commercial Airplanes Organization Designation Authorization (ODA) that has been authorized by the Manager, Seattle ACO, to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane, and the approval must specifically refer to this AD. (4) If any service information contains steps that are identified as RC (Required for Compliance), those steps must be done to comply with this AD; any steps that are not identified as RC are recommended. Those steps that are not identified as RC may be deviated from using accepted methods in accordance with the operator's maintenance or inspection program without obtaining approval of an AMOC provided the steps identified as RC can be done and the airplane can be put back in an airworthy condition. Any substitutions or changes to steps identified as RC require approval of an AMOC. (5) AMOCs approved for AD 2013-23-03, Amendment 39-17658 (78 FR 68345, November 14, 2013) are approved as AMOCs for the corresponding provisions of this AD. (o) Related Information For more information about this AD, contact Nathan Weigand, Aerospace [[Page 80247]] Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6428; fax: 425-917-6590; email: [email protected]. (p) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise. (3) The following service information was approved for IBR on January 28, 2016. (i) Boeing Alert Service Bulletin 747-57A2443, Revision 1, dated June 23, 2014. (ii) Reserved. (4) The following service information was approved for IBR on November 29, 2013 (78 FR 68345, November 14, 2013). (i) Boeing Alert Service Bulletin 747-57A2443, dated September 12, 2013. (ii) Reserved. (5) For service information identified in this 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. (6) You may view this service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. (7) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to http://www.archives.gov/federal-register/cfr/ibr-locations.html. Issued in Renton, Washington, on November 24, 2015. Jeffrey E. Duven, Manager, Transport Airplane Directorate,Aircraft Certification Service. [FR Doc. 2015-30881 Filed 12-23-15; 8:45 am] BILLING CODE 4910-13-P
![80242 Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Rules and Regulations
modification Number 55128S18242; or P/N district office. The AMOC approval letter National Archives and Records
F2511373420000, post-modification Number must specifically reference this AD. Administration (NARA). For information on
55128S18242) of the cockpit instrument (2) Contacting the Manufacturer: For any the availability of this material at NARA, call
panel does not constitute terminating action requirement in this AD to obtain corrective 202–741–6030, or go to: http://
for the repetitive inspections required by actions from a manufacturer, the action must www.archives.gov/federal-register/cfr/ibr-
paragraph (g) of this AD. be accomplished using a method approved locations.html.
(ii) If, during the inspection required by by the Manager, International Branch, ANM–
116, Transport Airplane Directorate, FAA; or Issued in Renton, Washington, on
paragraph (h)(2) of this AD, any cracking is December 9, 2015.
found in bracket No. 7 of the cockpit the EASA; or Airbus’s EASA DOA. If
approved by the DOA, the approval must Michael Kaszycki,
instrument panel: Although Airbus Service
Bulletin A330–25–3538, Revision 02, dated include the DOA-authorized signature. Acting Manager, Transport Airplane
April 24, 2014; and Airbus Service Bulletin (3) Required for Compliance (RC): Except Directorate, Aircraft Certification Service.
A340–25–4351, Revision 01, dated January as required by paragraph (h)(2)(ii) of this AD, [FR Doc. 2015–31714 Filed 12–23–15; 8:45 am]
31, 2014; specify to contact Airbus for repair if Airbus Service Bulletin A330–25–3538,
BILLING CODE 4910–13–P
instructions, and specify that action as ‘‘RC’’ Revision 02, dated April 24, 2014; or Airbus
(Required for Compliance), repair the Service Bulletin A340–25–4351, Revision 01,
dated January 31, 2014; contain procedures
cracking before further flight using a repair DEPARTMENT OF TRANSPORTATION
or tests that are identified as RC, those
method approved by the Manager,
procedures and tests must be done to comply
International Branch, ANM–116, Transport Federal Aviation Administration
with this AD; any procedures and tests that
Airplane Directorate, FAA; or the European
are not identified as RC are recommended.
Aviation Safety Agency (EASA); or Airbus’s
Those procedures and tests that are not 14 CFR Part 39
EASA Design Organization Approval (DOA).
identified as RC may be deviated from, using
(i) Optional Terminating Modification for accepted methods in accordance with the [Docket No. FAA–2015–0828; Directorate
Paragraph (g) of This AD operators maintenance or inspection program Identifier 2014–NM–146–AD; Amendment
without obtaining approval of an AMOC, 39–18341; AD 2015–25–03]
Modifying an airplane by replacing bracket
provided the procedures and tests identified
No. 6 of the cockpit instrument panel with RIN 2120–AA64
as RC can be done and the airplane can be
a new, reinforced bracket, in accordance with
put back in an airworthy condition. Any
the Accomplishment Instructions of Airbus Airworthiness Directives; The Boeing
substitutions or changes to procedures or
Service Bulletin A330–25–3548, dated
October 31, 2013; or Airbus Service Bulletin
tests identified as RC require approval of an Company Airplanes
AMOC.
A340–25–4354, dated October 31, 2013; as AGENCY: Federal Aviation
applicable; terminates the repetitive (l) Related Information Administration (FAA), DOT.
inspections required by paragraph (g) of this (1) Refer to Mandatory Continuing
AD. ACTION: Final rule.
Airworthiness Information (MCAI) EASA
(j) Credit for Previous Actions Airworthiness Directive 2014–0127, dated SUMMARY: We are superseding
May 15, 2014, for related information. This
This paragraph provides credit for actions Airworthiness Directive (AD) 2013–23–
MCAI may be found in the AD docket on the
required by paragraphs (g) and (h) of this AD, Internet at http://www.regulations.gov/ 03, which applies to certain The Boeing
if those actions were performed before the #!documentDetail;D=FAA-2015-0083-0002. Company Model 747–100, 747–100B,
effective date of this AD using the service (2) Service information identified in this 747–100B SUD, 747–200B, 747–200C,
information identified in paragraph (j)(1), AD that is not incorporated by reference is 747–200F, 747–300, 747–400, 747–
(j)(2), or (j)(3) of this AD, which is not available at the addresses specified in 400D, 747–400F, and 747SR series
incorporated by reference in this AD. paragraphs (m)(3) and (m)(4) of this AD.
(1) Airbus Service Bulletin A330–25–3538, airplanes. AD 2013–23–03 required a
dated September 10, 2013. (m) Material Incorporated by Reference detailed inspection of certain attach
(2) Airbus Service Bulletin A330–25–3538, (1) The Director of the Federal Register fittings for a cylindrical defect, and
Revision 01, dated April 24, 2014. approved the incorporation by reference replacement if necessary. For certain
(3) Airbus Service Bulletin A340–25–4351, (IBR) of the service information listed in this airplanes, this new AD requires new
dated September 10, 2014. paragraph under 5 U.S.C. 552(a) and 1 CFR inspections of the inboard actuator
(k) Other FAA AD Provisions part 51. attach fittings for machining defects,
(2) You must use this service information and overhaul or replacement if
The following provisions also apply to this as applicable to do the actions required by
AD: necessary. This new AD also limits the
this AD, unless this AD specifies otherwise. compliance time for doing the
(1) Alternative Methods of Compliance (i) Airbus Service Bulletin A330–25–3538,
(AMOCs): The Manager, International Revision 02, dated April 24, 2014. replacement for certain other airplanes.
Branch, ANM–116, Transport Airplane (ii) Airbus Service Bulletin A330–25–3548, This AD was prompted by a report that
Directorate, FAA, has the authority to dated October 31, 2013. a machining defect was also found on
approve AMOCs for this AD, if requested (iii) Airbus Service Bulletin A340–25– some of the actuator assemblies
using the procedures found in 14 CFR 39.19. 4351, Revision 01, dated January 31, 2014. inspected during manufacture. This
In accordance with 14 CFR 39.19, send your (iv) Airbus Service Bulletin A340–25– defect could lead to fatigue cracking and
request to your principal inspector or local 4354, dated October 31, 2013. subsequent fracture. We are issuing this
Flight Standards District Office, as (3) For service information identified in
appropriate. If sending information directly AD to detect and correct defective
this AD, contact Airbus SAS, Airworthiness
to the International Branch, send it to ATTN: Office—EAL, 1 Rond Point Maurice Bellonte, inboard actuator attach fittings which,
Vladimir Ulyanov, Aerospace Engineer, 31707 Blagnac Cedex, France; telephone +33 combined with loss of the outboard
International Branch, ANM–116, Transport 5 61 93 36 96; fax +33 5 61 93 45 80; email actuator load path, could result in
Airplane Directorate, FAA, 1601 Lind airworthiness.A330-A340@airbus.com; uncontrolled retraction of the outboard
Avenue SW., Renton, WA 98057–3356; Internet http://www.airbus.com. flap, damage to flight control systems,
tkelley on DSK3SPTVN1PROD with RULES
telephone 425–227–1138; fax 425–227–1149. (4) You may view this service information and consequent reduced controllability
Information may be emailed to: 9-ANM-116- at the FAA, Transport Airplane Directorate, of the airplane.
AMOC-REQUESTS@faa.gov. Before using 1601 Lind Avenue SW., Renton, WA. For
any approved AMOC, notify your appropriate information on the availability of this DATES: This AD is effective January 28,
principal inspector, or lacking a principal material at the FAA, call 425–227–1221. 2016.
inspector, the manager of the local flight (5) You may view this service information The Director of the Federal Register
standards district office/certificate holding that is incorporated by reference at the approved the incorporation by reference
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![Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Rules and Regulations 80245
§ 39.13 [Amended] June 23, 2014. As of the effective date of this an ultrasonic inspection or by mechanically
■ 2. The FAA amends § 39.13 by AD, only Boeing Alert Service Bulletin 747– measuring the thickness and do a detailed
removing Airworthiness Directive (AD) 57A2443, Revision 1, dated June 23, 2014, inspection of the inner conical section to
may be used. determine if the machining defect is present,
2013–23–03, Amendment 39–17658 (78 in accordance with Part 3 of the
FR 68345, November 14, 2013), and (h) Retained Actions for Certain Attach
Accomplishment Instructions of Boeing Alert
adding the following new AD: Fittings With Revised Service Information Service Bulletin 747–57A2443, Revision 1,
2015–25–03 The Boeing Company: This paragraph restates the requirements of dated June 23, 2014.
Amendment 39–18341; Docket No. paragraph (h) of AD 2013–23–03, (i) If the minimum thickness of the wall is
FAA–2015–0828; Directorate Identifier Amendment 39–17658 (78 FR 68345, less than 0.130 inch: Before further flight,
2014–NM–146–AD. November 14, 2013), with revised service replace the inboard actuator attach fitting of
information. If, during the inspection the outboard flap, in accordance with Part 4
(a) Effective Date
required by paragraph (g) of this AD, any of the Accomplishment Instructions of
This AD is effective January 28, 2016. inboard actuator attach fitting having part Boeing Alert Service Bulletin 747–57A2443,
(b) Affected ADs number (P/N) 65B08564–7 is found, before Revision 1, dated June 23, 2014.
further flight, do the actions specified in (ii) If the minimum thickness of the wall
This AD replaces AD 2013–23–03, paragraph (h)(1) or (h)(2) of this AD. is 0.140 inch or greater and the machining
Amendment 39–17658 (78 FR 68345, (1) Do a detailed inspection of the inboard defect is present, before further flight, do the
November 14, 2013). actuator attach fitting for a cylindrical defect, actions specified in paragraph (i)(1)(ii)(A) or
(c) Applicability in accordance with Part 2 of the (i)(1)(ii)(B) of this AD.
Accomplishment Instructions of Boeing Alert (A) Overhaul the inboard actuator attach
This AD applies to The Boeing Company Service Bulletin 747–57A2443, dated
Model 747–100, 747–100B, 747–100B SUD, fitting of the outboard flap, in accordance
September 12, 2013; or Boeing Alert Service with Part 5 of the Accomplishment
747–200B, 747–200C, 747–200F, 747–300, Bulletin 747–57A2443, Revision 1, dated
747–400, 747–400D, 747–400F, and 747SR Instructions of Boeing Alert Service Bulletin
June 23, 2014. As of the effective date of this 747–57A2443, Revision 1, dated June 23,
series airplanes, certificated in any category, AD, only Boeing Alert Service Bulletin 747–
as identified in Boeing Alert Service Bulletin 2014.
57A2443, Revision 1, dated June 23, 2014, (B) Replace the inboard actuator attach
747–57A2443, Revision 1, dated June 23, may be used. For airplanes on which the
2014. fitting of the outboard flap, in accordance
detailed inspection is done before the
with Part 4 of the Accomplishment
(d) Subject effective date of this AD: If any cylindrical
Instructions of Boeing Alert Service Bulletin
defect is found, before further flight, do the
Air Transport Association (ATA) of 747–57A2443, Revision 1, dated June 23,
actions specified in paragraph (h)(1)(i) or
America Code 57, Wings. 2014.
(h)(1)(ii) of this AD.
(iii) If the minimum thickness of the wall
(e) Unsafe Condition (i) Do a minimum thickness inspection of
is 0.130 inch or greater and less than 0.140
the inboard actuator attach fitting to
This AD was prompted by a report of the inch and the machining defect is not present,
determine minimum wall thickness of the
fracture of an inboard actuator attach fitting actuator fitting assembly, in accordance with within 48 months or 3,000 flight cycles after
of the outboard flap. An inspection of the Part 3 of the Accomplishment Instructions of the effective date of this AD, whichever
attach fitting revealed that it was incorrectly Boeing Alert Service Bulletin 747–57A2443, occurs first, replace the inboard actuator
machined with a cylindrical profile instead dated September 12, 2013; or Boeing Alert attach fitting of the outboard flap, in
of a conical profile, resulting in reduced wall Service Bulletin 747–57A2443, Revision 1, accordance with Part 4 of the
thickness. A machining defect was also dated June 23, 2014. If the minimum Accomplishment Instructions of Boeing Alert
found on some actuator assemblies inspected thickness of the wall is less than 0.130 inch: Service Bulletin 747–57A2443, Revision 1,
during manufacture at the point where the Before further flight, replace the inboard dated June 23, 2014.
tapered machining transitioned to the actuator attach fitting of the outboard flap, in (iv) If the minimum thickness of the wall
hemispherical machining at the top of the accordance with Part 4 of the is 0.130 inch or greater and less than 0.140
inner surface. This defect could lead to Accomplishment Instructions of Boeing Alert inch and the machining defect is present,
fatigue cracking and subsequent fracture. We Service Bulletin 747–57A2443, dated before further flight, replace the inboard
are issuing this AD to detect and correct September 12, 2013. actuator attach fitting of the outboard flap, in
defective inboard actuator attach fittings (ii) Replace the inboard actuator attach accordance with Part 4 of the
which, combined with loss of the outboard fitting of the outboard flap, in accordance Accomplishment Instructions of Boeing Alert
actuator load path, could result in with Part 4 of the Accomplishment Service Bulletin 747–57A2443, Revision 1,
uncontrolled retraction of the outboard flap, Instructions of Boeing Alert Service Bulletin dated June 23, 2014.
damage to flight control systems, and 747–57A2443, dated September 12, 2013. (2) Replace the inboard actuator attach
consequent reduced controllability of the (2) Replace the inboard actuator attach fitting of the outboard flap, in accordance
airplane. fitting of the outboard flap, in accordance with Part 4 of the Accomplishment
with Part 4 of the Accomplishment Instructions of Boeing Alert Service Bulletin
(f) Compliance 747–57A2443, Revision 1, dated June 23,
Instructions of Boeing Alert Service Bulletin
Comply with this AD within the 747–57A2443, dated September 12, 2013; or 2014.
compliance times specified, unless already Boeing Alert Service Bulletin 747–57A2443, (j) New Actions for Airplanes on Which No
done. Revision 1, dated June 23, 2014. As of the Cylindrical Defects Are Found
(g) Retained Part Number Inspection With effective date of this AD, only Boeing Alert
Service Bulletin 747–57A2443, Revision 1, If no cylindrical defect is found during any
Revised Service Information inspection required by paragraph (h)(1) of
dated June 23, 2014, may be used.
This paragraph restates the requirements of this AD, within 24 months after the effective
paragraph (g) of AD 2013–23–03, (i) New Actions for Certain Airplanes on date of this AD, do the actions specified in
Amendment 39–17658 (78 FR 68345, Which Any Cylindrical Defect Is Found paragraph (j)(1) or (j)(2) of this AD.
November 14, 2013), with revised service For airplanes on which the detailed (1) Determine the minimum wall thickness
information. Within 90 days after November inspection required by paragraph (h)(1) of of the actuator attach fitting either by doing
29, 2013 (the effective date of AD 2013–23– this AD is done on or after the effective date an ultrasonic inspection or by mechanically
tkelley on DSK3SPTVN1PROD with RULES
03): Inspect to determine the part number of of this AD: If any cylindrical defect is found measuring the thickness and do a detailed
the inboard actuator attach fittings of the during any inspection required by paragraph inspection of the inner conical section to
outboard flaps, in accordance with Part 1 of (h)(1) of this AD, before further flight, do the determine if the machining defect is present,
the Accomplishment Instructions of Boeing actions specified in paragraph (i)(1) or (i)(2) in accordance with Part 3 of the
Alert Service Bulletin 747–57A2443, dated of this AD. Accomplishment Instructions of Boeing Alert
September 12, 2013; or Boeing Alert Service (1) Determine the minimum wall thickness Service Bulletin 747–57A2443, Revision 1,
Bulletin 747–57A2443, Revision 1, dated of the actuator attach fitting either by doing dated June 23, 2014.
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![Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Rules and Regulations 80247
Engineer, Airframe Branch, ANM–120S, maintained under this regulation must association, partnership, corporation, or
FAA, Seattle Aircraft Certification Office, be maintained in a form and manner trust—(i) owning or holding
1601 Lind Avenue SW., Renton, WA 98057– which permits prompt, accurate and membership in, or admitted to
3356; phone: 425–917–6428; fax: 425–917– reliable location, access, and retrieval of
6590; email: nathan.p.weigand@faa.gov. membership representation on, the
any particular record, data, or registered entity 3 or derivatives
(p) Material Incorporated by Reference information; clarify that all records, transaction execution facility; or (ii)
(1) The Director of the Federal Register except records of oral and written having trading privileges on the
approved the incorporation by reference communications leading to the registered entity or derivatives
(IBR) of the service information listed in this execution of a commodity interest transaction execution facility.4
paragraph under 5 U.S.C. 552(a) and 1 CFR transaction and related cash or forward
part 51. transactions, must be kept in a form and Regulation 1.35(a) requires FCMs,
(2) You must use this service information manner that allows for identification of RFEDs, IBs, and members of a DCM or
as applicable to do the actions required by of a SEF to keep records of written
a particular transaction; exclude
this AD, unless the AD specifies otherwise. communications that lead to the
(3) The following service information was
members of designated contract markets
(‘‘DCMs’’) and of swap execution execution of a commodity interest
approved for IBR on January 28, 2016.
(i) Boeing Alert Service Bulletin 747– facilities (‘‘SEFs’’) that are not registered transaction and related cash or forward
57A2443, Revision 1, dated June 23, 2014. or required to register with the transactions. Additionally, Regulation
(ii) Reserved. Commission (‘‘Unregistered Members’’) 1.35(a) includes a requirement to keep
(4) The following service information was from the requirements to keep written records of certain oral communications,
approved for IBR on November 29, 2013 (78 communications that lead to the which applies to each FCM, RFED, large
FR 68345, November 14, 2013). execution of a commodity interest IB (defined as an IB that has generated
(i) Boeing Alert Service Bulletin 747– transaction and related cash or forward over $5 million in aggregate gross
57A2443, dated September 12, 2013.
transactions, keep text messages, and revenues over the preceding three years
(ii) Reserved.
(5) For service information identified in
keep records in a particular form and from its activities as an IB), and member
this AD, contact Boeing Commercial manner; and exclude commodity of a DCM or of a SEF that is registered
Airplanes, Attention: Data & Services trading advisors (‘‘CTAs’’) from the oral or required to register with the
Management, P. O. Box 3707, MC 2H–65, recordkeeping requirement (‘‘Final Commission as a floor broker (‘‘FB’’)
Seattle, WA 98124–2207; telephone 206– Rule’’). (only with regard to acting as an agent
544–5000, extension 1; fax 206–766–5680; DATES: Effective December 24, 2015. for a non-affiliated client) or as a CTA.5
Internet https://www.myboeingfleet.com.
(6) You may view this service information FOR FURTHER INFORMATION CONTACT: Unlike the written recordkeeping
at the FAA, Transport Airplane Directorate, Katherine Driscoll, Associate Chief requirement that applies to both
1601 Lind Avenue SW., Renton, WA. For Counsel, (202) 418–5544, kdriscoll@ commodity interest transactions and
information on the availability of this cftc.gov; August A. Imholtz III, Special related cash or forward transactions, the
material at the FAA, call 425–227–1221. Counsel, (202) 418–5140, aimholtz@ oral recordkeeping requirement is
(7) You may view this service information cftc.gov; or Lauren Bennett, Special limited to commodity interest
that is incorporated by reference at the Counsel, (202) 418–5290, lbennett@ transactions.6 The scope of records
National Archives and Records cftc.gov, Division of Swap Dealer and
Administration (NARA). For information on covered by Regulation 1.35(a) includes
Intermediary Oversight, Commodity communications by telephone,
the availability of this material at NARA, call
202–741–6030, or go to http:// Futures Trading Commission, 1155 21st voicemail, facsimile, instant messaging,
www.archives.gov/federal-register/cfr/ibr- Street NW., Washington, DC 20581. chat rooms, electronic mail, mobile
locations.html. SUPPLEMENTARY INFORMATION: device, or other digital or electronic
Issued in Renton, Washington, on I. Background media.7 These communications include
November 24, 2015. text messages. Regulation 1.35(a) also
The Commission amended Regulation mandates that all records be kept in a
Jeffrey E. Duven,
1.35(a) in December 2012 as part of a form and manner identifiable and
Manager, Transport Airplane series of rulemakings intended to
Directorate,Aircraft Certification Service. searchable by transaction.
integrate certain existing Commission
[FR Doc. 2015–30881 Filed 12–23–15; 8:45 am] rules more fully with the framework 3 The term ‘‘registered entity’’ is defined in CEA
BILLING CODE 4910–13–P created by the Dodd-Frank Wall Street section 1a(40) to include both DCMs and SEFs. See
Reform and Consumer Protection Act CEA sections 1a(40)(A) (DCMs) and (D) (SEFs).
for swap dealers and major swap 4 7 U.S.C. 1a(34).
COMMODITY FUTURES TRADING participants (the ‘‘2012 Amendment’’).1 5 As stated in the 2012 Amendment, the oral
COMMISSION Regulation 1.35(a) requires each recordkeeping requirement in Regulation 1.35(a)
does not apply to: (i) Oral communications that lead
futures commission merchant (‘‘FCM’’), solely to the execution of a related cash or forward
17 CFR Part 1 retail foreign exchange dealer (‘‘RFED’’), transaction; (ii) oral communications provided or
RIN 3038–AE23 introducing broker (‘‘IB’’), and member received by a floor broker that do not lead to the
of a DCM or of a SEF to keep full, purchase or sale for any person other than the floor
Records of Commodity Interest and broker of any commodity for future delivery,
complete, and systematic records of all security futures product, swap, or commodity
Related Cash or Forward Transactions transactions relating to its business of option authorized under section 4c of the
dealing in commodity interest and Commodity Exchange Act; (iii) an introducing
AGENCY: Commodity Futures Trading broker that has generated over the preceding three
related cash or forward transactions.2
Commission. years $5 million or less in aggregate gross revenues
The Commodity Exchange Act (‘‘CEA’’) from its activities as an introducing broker; (iv) a
ACTION: Final rule.
tkelley on DSK3SPTVN1PROD with RULES
defines ‘‘member’’ as an individual, floor trader; (v) a commodity pool operator; (vi) a
SUMMARY: The Commodity Futures swap dealer; (vii) a major swap participant; or (viii)
1 See Adaptation of Regulations to Incorporate a member of a DCM or SEF that is not registered
Trading Commission (the or required to be registered with the Commission
Swaps—Records of Transactions, 77 FR 75523
‘‘Commission’’ or ‘‘CFTC’’) is amending (December 21, 2012) (‘‘2012 Amendment Adopting in any capacity. 17 CFR 1.35(a)(1).
Commission Regulation 1.35(a) to: Release’’). 6 17 CFR 1.35(a)(1).
Provide that all records required to be 2 17 CFR 1.35(a)(1). 7 Id.
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Document Created: 2015-12-24 02:25:04
Document Modified: 2015-12-24 02:25:04
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This AD is effective January 28, 2016. | |
| Contact | Nathan Weigand, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6428; fax: 425-917-6590; email: [email protected] | |
| FR Citation | 80 FR 80242 | |
| RIN Number | 2120-AA64 | |
| CFR Associated | Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety |
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