81 FR 26750 - Airworthiness Directives; The Boeing Company Airplanes
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 81, Issue 86 (May 4, 2016)
Federal Aviation Administration
Federal Register Volume 81, Issue 86 (May 4, 2016)
| Page Range | 26750-26753 | |
| FR Document | 2016-09801 |
[Federal Register Volume 81, Number 86 (Wednesday, May 4, 2016)] [Proposed Rules] [Pages 26750-26753] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-09801] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2016-6140; Directorate Identifier 2015-NM-059-AD] RIN 2120-AA64 Airworthiness Directives; The Boeing Company Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). ----------------------------------------------------------------------- SUMMARY: We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 777 airplanes. This proposed AD was prompted by fuel system reviews conducted by the manufacturer. This proposed AD would require modifying the fuel quantity indicating system (FQIS) to prevent development of an ignition source inside the center fuel tank due to electrical fault conditions. This proposed AD would also provide alternative actions for cargo airplanes. We are proposing this AD to prevent ignition sources inside the center fuel tank, which, in combination with flammable fuel vapors, could result in a [[Page 26751]] fuel tank explosion and consequent loss of the airplane. DATES: We must receive comments on this proposed AD by June 20, 2016. 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 Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Examining the AD Docket You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016- 6140; 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: Jon Regimbal, Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917- 6506; 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 proposal. Send your comments to an address listed under the ADDRESSES section. Include ``Docket No. FAA-2016-6140; Directorate Identifier 2015-NM-059-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. 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 The FAA has examined the underlying safety issues involved in fuel tank explosions on several large transport airplanes, including the adequacy of existing regulations, the service history of airplanes subject to those regulations, and existing maintenance practices for fuel tank systems. As a result of those findings, we issued a regulation titled ``Transport Airplane Fuel Tank System Design Review, Flammability Reduction and Maintenance and Inspection Requirements'' (66 FR 23086, May 7, 2001). In addition to new airworthiness standards for transport airplanes and new maintenance requirements, this rule included Special Federal Aviation Regulation No. 88 (``SFAR 88''), Amendment 21-78. Subsequently, SFAR 88 was amended by: Amendment 21-82 (67 FR 57490, September 10, 2002; corrected at 67 FR 70809, November 26, 2002) and Amendment 21-83 (67 FR 72830, December 9, 2002; corrected at 68 FR 37735, June 25, 2003, to change ``21-82'' to ``21-83''). Among other actions, SFAR 88 requires certain type design (i.e., type certificate (TC) and supplemental type certificate (STC)) holders to substantiate that their fuel tank systems can prevent ignition sources in the fuel tanks. This requirement applies to type design holders for large turbine-powered transport airplanes and for subsequent modifications to those airplanes. It requires them to perform design reviews and to develop design changes and maintenance procedures if their designs do not meet the new fuel tank safety standards. As explained in the preamble to the rule, we intended to adopt airworthiness directives to mandate any changes found necessary to address unsafe conditions identified as a result of these reviews. In evaluating these design reviews, we have established four criteria intended to define the unsafe conditions associated with fuel tank systems that require corrective actions. The percentage of operating time during which fuel tanks are exposed to flammable conditions is one of these criteria. The other three criteria address the failure types under evaluation: Single failures, combination of failures, and unacceptable (failure) experience. For all three failure criteria, the evaluations included consideration of previous actions taken that may mitigate the need for further action. We have determined that the actions identified in this proposed AD are necessary to reduce the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane. Model 777 FQIS Design The design of the in-tank FQIS components and wiring has the potential for latent faults that could cause arcs, sparks, or resistive heating in the event of a hot short of an FQIS tank circuit to power wiring. The wiring of the FQIS is in some areas cobundled or closely adjacent to power wiring. An ignition source combined with flammable conditions in a center fuel tank could result in ignition of flammable vapor in the fuel tank, causing a structural failure of the wing and inflight breakup of the airplane. Under the policy contained in FAA Policy Memo PS-ANM100-2003-112-15 (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgPolicy.nsf/0/DC94C3A46396950386256D5E006AED11?OpenDocument&Highlight=sfar), the FAA determined that this ignition source risk combined with the fleet average flammability for the center wing tank on Model 777 airplanes created an unsafe condition for the center fuel tank. Applying that same policy, the FAA determined that, due to a lower fleet average flammability, that same unsafe condition does not exist in the main (wing) tanks of Model 777 airplanes, in the center auxiliary fuel tank of Model 777-200 series airplanes with a center auxiliary fuel tank capacity of less than 12,500 U.S. gallons (i.e, airplanes on which the wing center structural box is a dry bay and is not part of the center fuel tank), or in the body auxiliary tank of Model 777-200LR series airplanes. Related Rulemaking On March 21, 2016, we issued AD 2016-07-07, Amendment 39-18452 (81 FR 19472, April 5, 2016), for certain Boeing Model 757-200, -200PF, - 200CB, and -300 series airplanes. AD 2016-07-07 requires similar actions to those proposed in this NPRM. AD 2016-07-07 addressed the numerous public comments that were submitted on the proposal. FAA's Determination We are proposing this AD because we evaluated all the relevant information and determined the unsafe condition described previously is likely to exist or develop in other products of the same type design. [[Page 26752]] Proposed AD Requirements This proposed AD would require modifying the FQIS to prevent development of an ignition source inside the center fuel tank due to electrical fault conditions. As an alternative for cargo airplanes, this proposed AD would provide the alternative to modify the airplane by separating FQIS wiring routed between the FQIS processor and the center fuel tank, provided repetitive BITE checks (checks of built-in test equipment) of the FQIS are also performed. Costs of Compliance We estimate that this proposed AD affects 187 airplanes of U.S. registry. This estimate includes 29 cargo airplanes. Currently, there are no experimental, private, business/corporate/executive, or government aircraft registered in the United States that would be affected by the proposed airworthiness directive. The 158 affected U.S. air-carrier passenger airplanes are already required by applicable FAA operating regulations to be modified to include flammability reduction measures (FRM), so the proposed AD would not apply to those airplanes. However, to address the potential for those airplanes to be converted to cargo airplanes before the compliance deadline for the operating rule FRM requirement, we provide the following cost estimates to comply with this proposed AD: Estimated Costs--Required Actions ---------------------------------------------------------------------------------------------------------------- Cost per Action Labor cost Parts cost product ---------------------------------------------------------------------------------------------------------------- Modification............................ 600 work-hours x $85 per hour = $150,000 $201,000 $51,000. ---------------------------------------------------------------------------------------------------------------- Estimated Costs--Alternative Actions ---------------------------------------------------------------------------------------------------------------- Action Labor cost Parts cost Cost per product ---------------------------------------------------------------------------------------------------------------- BITE check........................... 1 work-hours x $85 per hour = $0 $85 per check. $85 per check. Wire separation...................... 230 work-hours x $85 per hour = $10,000 $29,550. $19,550. ---------------------------------------------------------------------------------------------------------------- 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 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 this 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 0 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] 0 2. The FAA amends Sec. 39.13 by adding the following new airworthiness directive (AD): The Boeing Company: Docket No. FAA-2016-6140; Directorate Identifier 2015-NM-059-AD. (a) Comments Due Date We must receive comments by June 20, 2016. (b) Affected ADs None. (c) Applicability This AD applies to The Boeing Company Model 777-200, 777-200LR, 777-300, 777-300ER, and 777F series airplanes, certificated in any category, excluding airplanes identified in paragraphs (c)(1) and (c)(2) of this AD. (1) Airplanes on which the center tank consists only of the inboard structural box of the left and right wings (i.e., the wing center structural box is a dry bay and is not part of the fuel tank). (2) Airplanes equipped with a flammability reduction means (FRM) approved by the FAA as compliant with the Fuel Tank Flammability Reduction (FTFR) rule (73 FR 42444, July 21, 2008) requirements of section 25.981(b) or section 26.33(c)(1) of the Federal Aviation Regulations (14 CFR 25.981(b) or 14 CFR 26.33(c)(1)). (d) Subject Air Transport Association (ATA) of America Code 28, Fuel. (e) Unsafe Condition This AD was prompted by fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent ignition sources inside the center fuel tank, which, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Modification Within 60 months after the effective date of this AD, modify the fuel quantity [[Page 26753]] indicating system (FQIS) to prevent development of an ignition source inside the center fuel tank due to electrical fault conditions, using a method approved in accordance with the procedures specified in paragraph (i) of this AD. (h) Alternative Actions for Cargo Airplanes For airplanes used exclusively for cargo operations: As an alternative to the requirements of paragraph (g) of this AD, do the actions specified in paragraphs (h)(1) and (h)(2) of this AD, using methods approved in accordance with the procedures specified in paragraph (i) of this AD. To exercise this alternative, operators must perform the first inspection required under paragraph (h)(1) of this AD within 6 months after the effective date of this AD. To exercise this alternative for airplanes returned to service after conversion of the airplane from a passenger configuration to an all- cargo configuration more than 6 months after the effective date of this AD, operators must perform the first inspection required under paragraph (h)(1) of this AD prior to further flight after the conversion. (1) Within 6 months after the effective date of this AD, record the existing fault codes stored in the FQIS processor and then do a BITE check (check of built-in test equipment) of the FQIS. If any nondispatchable fault code is recorded prior to the BITE check or as a result of the BITE check, before further flight, do all applicable repairs and repeat the BITE check until a successful test is performed with no nondispatchable faults found, using a method approved in accordance with the procedures specified in paragraph (i) of this AD. Repeat these actions thereafter at intervals not to exceed 650 flight hours. Modification as specified in paragraph (h)(2) of this AD does not terminate the repetitive BITE check requirement of this paragraph. (2) Within 60 months after the effective date of this AD, modify the airplane by separating FQIS wiring that runs between the FQIS processor and the center tank wing spar penetrations, including any circuits that might pass through a main fuel tank, from other airplane wiring that is not intrinsically safe, using methods approved in accordance with the procedures specified in paragraph (i) of this AD. (i) 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 (j) 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, modification, or alteration 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. To be approved, the repair method, modification deviation, or alteration deviation must meet the certification basis of the airplane, and the approval must specifically refer to this AD. (j) Related Information For more information about this AD, contact Jon Regimbal, Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6506; fax: 425-917-6590; email: [email protected]. Issued in Renton, Washington, on April 15, 2016. Victor Wicklund, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2016-09801 Filed 5-3-16; 8:45 am] BILLING CODE 4910-13-P
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PART 39—AIRWORTHINESS the actions specified in paragraphs (h)(1) and (4) For service information that contains
DIRECTIVES (h)(2) of this AD. To exercise this option, steps that are labeled as Required for
operators must perform the first inspection Compliance (RC), the provisions of
■ 1. The authority citation for part 39 required under paragraph (h)(1) of this AD paragraphs (i)(4)(i) and (i)(4)(ii) apply.
within 6 months after the effective date of (i) The steps labeled as RC, including
continues to read as follows: this AD. To exercise this option for airplanes substeps under an RC step and any figures
Authority: 49 U.S.C. 106(g), 40113, 44701. returned to service after conversion of the identified in an RC step, must be done to
airplane from a passenger configuration to an comply with the AD. An AMOC is required
§ 39.13 [Amended] all-cargo configuration more than 6 months for any deviations to RC steps, including
■ 2. The FAA amends § 39.13 by adding after the effective date of this AD, operators substeps and identified figures.
the following new airworthiness must perform the first inspection required (ii) Steps not labeled as RC may be
directive (AD): under paragraph (h)(1) of this AD prior to deviated from using accepted methods in
further flight after the conversion. accordance with the operator’s maintenance
The Boeing Company: Docket No. FAA– (1) Within 6 months after the effective date or inspection program without obtaining
2016–6141; Directorate Identifier 2015– of this AD, record the existing fault codes approval of an AMOC, provided the RC steps,
NM–048–AD. stored in the FQIS processor and then do a including substeps and identified figures, can
(a) Comments Due Date BITE check (check of built-in test equipment) still be done as specified, and the airplane
of the FQIS, in accordance with the can be put back in an airworthy condition.
We must receive comments by June 20, Accomplishment Instructions of Boeing
2016. Service Bulletin 767–28–0118, dated July 15, (j) Related Information
(b) Affected ADs 2014. If any nondispatchable fault code is For more information about this AD,
recorded prior to the BITE check or as a contact Jon Regimbal, Aerospace Engineer,
None. result of the BITE check, before further flight, Propulsion Branch, ANM–140S, FAA, Seattle
(c) Applicability do all applicable repairs and repeat the BITE Aircraft Certification Office (ACO), 1601 Lind
check until a successful test is performed Avenue SW., Renton, WA 98057–3356;
This AD applies to The Boeing Company
with no nondispatchable faults found, in phone: 425–917–6506; fax: 425–917–6590;
Model 767–200, –300, –300F, and –400ER
accordance with Boeing Service Bulletin email: Jon.Regimbal@faa.gov.
series airplanes, certificated in any category,
767–28–0118, dated July 15, 2014. Repeat
excluding airplanes identified in paragraphs Issued in Renton, Washington, on April 15,
these actions thereafter at intervals not to
(c)(1) and (c)(2) of this AD. 2016.
exceed 650 flight hours. Modification as
(1) Airplanes on which the center auxiliary Victor Wicklund,
specified in paragraph (h)(2) of this AD does
tank consists only of the spaces between the Acting Manager, Transport Airplane
not terminate the repetitive BITE check
side of body rib 0 and rib 3 of the left and Directorate, Aircraft Certification Service.
requirement of this paragraph.
right wings (i.e., the wing center structural
(2) Within 60 months after the effective [FR Doc. 2016–09795 Filed 5–3–16; 8:45 am]
box is a dry bay and is not part of the fuel
date of this AD, modify the airplane by
tank). BILLING CODE 4910–13–P
separating FQIS wiring that runs between the
(2) Airplanes equipped with a flammability
FQIS processor and the center tank wing spar
reduction means (FRM) approved by the FAA
penetrations, including any circuits that
as compliant with the Fuel Tank DEPARTMENT OF TRANSPORTATION
might pass through a main fuel tank, from
Flammability Reduction (FTFR) rule (73 FR
other airplane wiring that is not intrinsically
42444, July 21, 2008) requirements of section Federal Aviation Administration
safe, using methods approved in accordance
25.981(b) or section 26.33(c)(1) of the Federal
with the procedures specified in paragraph
Aviation Regulations (14 CFR 25.981(b) or 14 14 CFR Part 39
(i) of this AD.
CFR 26.33(c)(1)).
(i) Alternative Methods of Compliance [Docket No. FAA–2016–6140; Directorate
(d) Subject
(AMOCs) Identifier 2015–NM–059–AD]
Air Transport Association (ATA) of
(1) The Manager, Seattle Aircraft
America Code 28, Fuel. RIN 2120–AA64
Certification Office (ACO), FAA, has the
(e) Unsafe Condition authority to approve AMOCs for this AD, if
This AD was prompted by fuel system requested using the procedures found in 14 Airworthiness Directives; The Boeing
reviews conducted by the manufacturer. We CFR 39.19. In accordance with 14 CFR 39.19, Company Airplanes
are issuing this AD to prevent ignition send your request to your principal inspector
or local Flight Standards District Office, as AGENCY: Federal Aviation
sources inside the center fuel tank, which, in
combination with flammable fuel vapors, appropriate. If sending information directly Administration (FAA), DOT.
could result in a fuel tank explosion and to the manager of the ACO, send it to the ACTION: Notice of proposed rulemaking
consequent loss of the airplane. attention of the person identified in (NPRM).
paragraph (j) of this AD. Information may be
(f) Compliance emailed to: 9-ANM-Seattle-ACO-AMOC- SUMMARY: We propose to adopt a new
Comply with this AD within the Requests@faa.gov. airworthiness directive (AD) for certain
compliance times specified, unless already (2) Before using any approved AMOC,
The Boeing Company Model 777
done. notify your appropriate principal inspector,
or lacking a principal inspector, the manager airplanes. This proposed AD was
(g) Modification of the local flight standards district office/ prompted by fuel system reviews
Within 60 months after the effective date certificate holding district office. conducted by the manufacturer. This
of this AD, modify the fuel quantity (3) An AMOC that provides an acceptable proposed AD would require modifying
indicating system (FQIS) to prevent level of safety may be used for any repair, the fuel quantity indicating system
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
development of an ignition source inside the modification, or alteration required by this (FQIS) to prevent development of an
center fuel tank due to electrical fault AD if it is approved by the Boeing ignition source inside the center fuel
conditions, using a method approved in Commercial Airplanes Organization tank due to electrical fault conditions.
accordance with the procedures specified in Designation Authorization (ODA) that has
This proposed AD would also provide
paragraph (i) of this AD. been authorized by the Manager, Seattle
ACO, to make those findings. To be alternative actions for cargo airplanes.
(h) Alternative Actions for Cargo Airplanes approved, the repair method, modification We are proposing this AD to prevent
For airplanes used exclusively for cargo deviation, or alteration deviation must meet ignition sources inside the center fuel
operations: As an alternative to the the certification basis of the airplane, and the tank, which, in combination with
requirements of paragraph (g) of this AD, do approval must specifically refer to this AD. flammable fuel vapors, could result in a
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Proposed AD Requirements (checks of built-in test equipment) of the affected U.S. air-carrier passenger
FQIS are also performed. airplanes are already required by
This proposed AD would require applicable FAA operating regulations to
modifying the FQIS to prevent Costs of Compliance
be modified to include flammability
development of an ignition source We estimate that this proposed AD reduction measures (FRM), so the
inside the center fuel tank due to affects 187 airplanes of U.S. registry. proposed AD would not apply to those
electrical fault conditions. As an This estimate includes 29 cargo airplanes. However, to address the
alternative for cargo airplanes, this airplanes. Currently, there are no potential for those airplanes to be
proposed AD would provide the experimental, private, business/ converted to cargo airplanes before the
alternative to modify the airplane by corporate/executive, or government compliance deadline for the operating
separating FQIS wiring routed between aircraft registered in the United States rule FRM requirement, we provide the
the FQIS processor and the center fuel that would be affected by the proposed following cost estimates to comply with
tank, provided repetitive BITE checks airworthiness directive. The 158 this proposed AD:
ESTIMATED COSTS—REQUIRED ACTIONS
Cost per
Action Labor cost Parts cost product
Modification ............................................... 600 work-hours × $85 per hour = $51,000 ...................................... $150,000 $201,000
ESTIMATED COSTS—ALTERNATIVE ACTIONS
Action Labor cost Parts cost Cost per product
BITE check ......................................... 1 work-hours × $85 per hour = $85 per check ...................... $0 $85 per check.
Wire separation .................................. 230 work-hours × $85 per hour = $19,550 ............................ $10,000 $29,550.
Authority for This Rulemaking (2) Is not a ‘‘significant rule’’ under (b) Affected ADs
Title 49 of the United States Code the DOT Regulatory Policies and None.
specifies the FAA’s authority to issue Procedures (44 FR 11034, February 26,
(c) Applicability
rules on aviation safety. Subtitle I, 1979),
(3) Will not affect intrastate aviation This AD applies to The Boeing Company
section 106, describes the authority of Model 777–200, 777–200LR, 777–300, 777–
the FAA Administrator. Subtitle VII: in Alaska, and
300ER, and 777F series airplanes, certificated
Aviation Programs, describes in more (4) Will not have a significant in any category, excluding airplanes
detail the scope of the Agency’s economic impact, positive or negative, identified in paragraphs (c)(1) and (c)(2) of
authority. on a substantial number of small entities this AD.
We are issuing this rulemaking under under the criteria of the Regulatory (1) Airplanes on which the center tank
the authority described in Subtitle VII, Flexibility Act. consists only of the inboard structural box of
the left and right wings (i.e., the wing center
Part A, Subpart III, Section 44701: List of Subjects in 14 CFR Part 39 structural box is a dry bay and is not part of
‘‘General requirements.’’ Under that the fuel tank).
Air transportation, Aircraft, Aviation
section, Congress charges the FAA with (2) Airplanes equipped with a flammability
safety, Incorporation by reference,
promoting safe flight of civil aircraft in reduction means (FRM) approved by the FAA
Safety.
air commerce by prescribing regulations as compliant with the Fuel Tank
for practices, methods, and procedures The Proposed Amendment Flammability Reduction (FTFR) rule (73 FR
the Administrator finds necessary for 42444, July 21, 2008) requirements of section
Accordingly, under the authority 25.981(b) or section 26.33(c)(1) of the Federal
safety in air commerce. This regulation delegated to me by the Administrator, Aviation Regulations (14 CFR 25.981(b) or 14
is within the scope of that authority the FAA proposes to amend 14 CFR part CFR 26.33(c)(1)).
because it addresses an unsafe condition 39 as follows:
that is likely to exist or develop on (d) Subject
products identified in this rulemaking PART 39—AIRWORTHINESS Air Transport Association (ATA) of
action. DIRECTIVES America Code 28, Fuel.
Regulatory Findings (e) Unsafe Condition
■ 1. The authority citation for part 39
We determined that this proposed AD This AD was prompted by fuel system
continues to read as follows: reviews conducted by the manufacturer. We
would not have federalism implications Authority: 49 U.S.C. 106(g), 40113, 44701. are issuing this AD to prevent ignition
under Executive Order 13132. This sources inside the center fuel tank, which, in
proposed AD would not have a § 39.13 [Amended] combination with flammable fuel vapors,
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
substantial direct effect on the States, on ■ 2. The FAA amends § 39.13 by adding could result in a fuel tank explosion and
the relationship between the national the following new airworthiness consequent loss of the airplane.
Government and the States, or on the directive (AD): (f) Compliance
distribution of power and
The Boeing Company: Docket No. FAA– Comply with this AD within the
responsibilities among the various 2016–6140; Directorate Identifier 2015– compliance times specified, unless already
levels of government. NM–059–AD. done.
For the reasons discussed above, I
certify this proposed regulation: (a) Comments Due Date (g) Modification
(1) Is not a ‘‘significant regulatory We must receive comments by June 20, Within 60 months after the effective date
action’’ under Executive Order 12866, 2016. of this AD, modify the fuel quantity
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![Federal Register / Vol. 81, No. 86 / Wednesday, May 4, 2016 / Proposed Rules 26753
indicating system (FQIS) to prevent (3) An AMOC that provides an acceptable will publish a document withdrawing
development of an ignition source inside the level of safety may be used for any repair, the direct final rule within 30 days after
center fuel tank due to electrical fault modification, or alteration required by this the comment period ends. FDA will
conditions, using a method approved in AD if it is approved by the Boeing apply any significant adverse comments
accordance with the procedures specified in Commercial Airplanes Organization
paragraph (i) of this AD. Designation Authorization (ODA) that has
received on the direct final rule to the
been authorized by the Manager, Seattle proposed rule in developing the final
(h) Alternative Actions for Cargo Airplanes rule. FDA will then proceed to respond
ACO, to make those findings. To be
For airplanes used exclusively for cargo approved, the repair method, modification to comments under this proposed rule
operations: As an alternative to the deviation, or alteration deviation must meet using the usual notice and comment
requirements of paragraph (g) of this AD, do the certification basis of the airplane, and the procedures.
the actions specified in paragraphs (h)(1) and approval must specifically refer to this AD.
(h)(2) of this AD, using methods approved in ADDRESSES: You may submit comments
accordance with the procedures specified in (j) Related Information as follows:
paragraph (i) of this AD. To exercise this For more information about this AD,
alternative, operators must perform the first contact Jon Regimbal, Aerospace Engineer, Electronic Submissions
inspection required under paragraph (h)(1) of Propulsion Branch, ANM–140S, FAA, Seattle Submit electronic comments in the
this AD within 6 months after the effective Aircraft Certification Office (ACO), 1601 Lind following way:
date of this AD. To exercise this alternative Avenue SW., Renton, WA 98057–3356; • Federal eRulemaking Portal: http://
for airplanes returned to service after phone: 425–917–6506; fax: 425–917–6590;
www.regulations.gov. Follow the
conversion of the airplane from a passenger email: Jon.Regimbal@faa.gov.
configuration to an all-cargo configuration instructions for submitting comments.
Issued in Renton, Washington, on April 15, Comments submitted electronically,
more than 6 months after the effective date
2016. including attachments, to http://
of this AD, operators must perform the first
inspection required under paragraph (h)(1) of Victor Wicklund, www.regulations.gov will be posted to
this AD prior to further flight after the Acting Manager, Transport Airplane the docket unchanged. Because your
conversion. Directorate, Aircraft Certification Service. comment will be made public, you are
(1) Within 6 months after the effective date [FR Doc. 2016–09801 Filed 5–3–16; 8:45 am] solely responsible for ensuring that your
of this AD, record the existing fault codes BILLING CODE 4910–13–P comment does not include any
stored in the FQIS processor and then do a confidential information that you or a
BITE check (check of built-in test equipment)
of the FQIS. If any nondispatchable fault
third party may not wish to be posted,
code is recorded prior to the BITE check or DEPARTMENT OF HEALTH AND such as medical information, your or
as a result of the BITE check, before further HUMAN SERVICES anyone else’s Social Security number, or
flight, do all applicable repairs and repeat the confidential business information, such
BITE check until a successful test is Food and Drug Administration as a manufacturing process. Please note
performed with no nondispatchable faults that if you include your name, contact
found, using a method approved in 21 CFR Part 610 information, or other information that
accordance with the procedures specified in identifies you in the body of your
paragraph (i) of this AD. Repeat these actions [Docket No. FDA–2016–N–1170]
comments, that information will be
thereafter at intervals not to exceed 650 flight
hours. Modification as specified in paragraph Standard Preparations, Limits of posted on http://www.regulations.gov.
(h)(2) of this AD does not terminate the Potency, and Dating Period Limitations • If you want to submit a comment
repetitive BITE check requirement of this for Biological Products; Companion to with confidential information that you
paragraph. Direct Final Rule do not wish to be made available to the
(2) Within 60 months after the effective public, submit the comment as a
date of this AD, modify the airplane by AGENCY: Food and Drug Administration, written/paper submission and in the
separating FQIS wiring that runs between the HHS. manner detailed (see ‘‘Written/Paper
FQIS processor and the center tank wing spar ACTION: Proposed rule. Submissions’’ and ‘‘Instructions’’).
penetrations, including any circuits that
might pass through a main fuel tank, from SUMMARY: The Food and Drug Written/Paper Submissions
other airplane wiring that is not intrinsically Administration (FDA or Agency or we)
safe, using methods approved in accordance
Submit written/paper submissions as
is proposing to amend the general follows:
with the procedures specified in paragraph
(i) of this AD.
biological products standards relating to • Mail/Hand delivery/Courier (for
dating periods and also to remove written/paper submissions): Division of
(i) Alternative Methods of Compliance certain standards relating to standard Dockets Management (HFA–305), Food
(AMOCs) preparations and limits of potency. FDA and Drug Administration, 5630 Fishers
(1) The Manager, Seattle Aircraft is proposing this action to update Lane, Rm. 1061, Rockville, MD 20852.
Certification Office (ACO), FAA, has the outdated requirements, and • For written/paper comments
authority to approve AMOCs for this AD, if accommodate new and evolving
requested using the procedures found in 14
submitted to the Division of Dockets
technology and testing capabilities, Management, FDA will post your
CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector
without diminishing public health comment, as well as any attachments,
or local Flight Standards District Office, as protections. This proposed action is part except for information submitted,
appropriate. If sending information directly of FDA’s retrospective review of its marked and identified, as confidential,
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
to the manager of the ACO, send it to the regulations in response to an Executive if submitted as detailed in
attention of the person identified in order. ‘‘Instructions.’’
paragraph (j) of this AD. Information may be DATES: Submit either electronic or Instructions: All submissions received
emailed to: 9-ANM-Seattle-ACO-AMOC- written comments on this proposed rule must include the Docket No. FDA–
Requests@faa.gov.
(2) Before using any approved AMOC,
or its companion direct final rule by 2016–N–1170 for ‘‘Standard
notify your appropriate principal inspector, July 18, 2016. If FDA receives any Preparations, Limits of Potency, and
or lacking a principal inspector, the manager timely significant adverse comments on Dating Period Limitations for Biological
of the local flight standards district office/ the direct final rule with which this Products.’’ Received comments will be
certificate holding district office. proposed rule is associated, the Agency placed in the docket and, except for
VerDate Sep<11>2014 18:03 May 03, 2016 Jkt 238001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\04MYP1.SGM 04MYP1](https://thefederalregister.org/doc/81_FR_26836/page/4.svg)
Document Created: 2016-05-04 01:23:01
Document Modified: 2016-05-04 01:23:01
| 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 | Proposed Rules | |
| Action | Notice of proposed rulemaking (NPRM). | |
| Dates | We must receive comments on this proposed AD by June 20, 2016. | |
| Contact | Jon Regimbal, Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917- 6506; fax: 425-917-6590; email: [email protected] | |
| FR Citation | 81 FR 26750 | |
| RIN Number | 2120-AA64 | |
| CFR Associated | Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety |
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