81 FR 87499 - Airworthiness Directives; The Boeing Company Airplanes
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 81, Issue 233 (December 5, 2016)
Federal Aviation Administration
Federal Register Volume 81, Issue 233 (December 5, 2016)
| Page Range | 87499-87501 | |
| FR Document | 2016-28668 |
[Federal Register Volume 81, Number 233 (Monday, December 5, 2016)] [Proposed Rules] [Pages 87499-87501] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-28668] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2016-9433; Directorate Identifier 2016-NM-159-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 all The Boeing Company Model MD-90-30 airplanes. This proposed AD was prompted by a report of cracking in a horizontal stabilizer rear spar cap. This proposed AD would require repetitive open hole eddy current high frequency (ETHF) or surface eddy current low frequency (ETLF) inspections for any crack in the left and right side horizontal stabilizer rear spar upper caps, and repair or replacement if necessary. We are proposing this AD to prevent the unsafe condition on these products. DATES: We must receive comments on this proposed AD by January 19, 2017. 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. For service information identified in this NPRM, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740; telephone 562-797-1717; 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 http://www.regulations.gov by searching for and locating Docket No. FAA-2016-9433. 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- 9433; 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: Haytham Alaidy, Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification Office (ACO), 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5224; fax: 562-627-5210; 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-2016-9433; Directorate Identifier 2016-NM-159-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 We have received a report of cracking in an MD-90 horizontal stabilizer rear spar cap at station XE = +/-5.931. The affected airplane had accumulated 36,588 total flight hours and 24,975 total landing cycles. Without routine inspections, such cracks could grow to critical length before being detected. This condition, if not corrected, could result in fatigue cracking of the horizontal stabilizer rear spar upper cap, which could adversely affect the structural integrity of the airplane. Related Service Information Under 1 CFR Part 51 We reviewed Boeing Alert Service Bulletin MD90-55A018, dated June 29, 2016. The service information describes procedures for repetitive open hole ETHF or surface ETLF inspections for any crack in the left and right side horizontal stabilizer rear spar upper caps common to the elevator hinge fitting at station XE = +/-5.931, and repair or replacement. 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. 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. Proposed AD Requirements This proposed AD would require accomplishing the actions specified in the service information described previously. For information on the procedures and compliance times, see this service information at http://www.regulations.gov by searching for and locating Docket No. FAA-2016- 9433. Costs of Compliance We estimate that this proposed AD affects 105 airplanes of U.S. registry. We estimate the following costs to comply with this proposed AD: [[Page 87500]] Estimated Costs ---------------------------------------------------------------------------------------------------------------- Cost on U.S. Action Labor cost Parts cost Cost per product operators ---------------------------------------------------------------------------------------------------------------- Inspection..................... 8 work-hours x $85 per $0 $680 per $71,400 per hour = $680 per inspection cycle. inspection cycle. inspection cycle. ---------------------------------------------------------------------------------------------------------------- We estimate the following costs to do any necessary repairs or replacements that would be required based on the results of the proposed inspection. We have no way of determining the number of aircraft that might need these actions: On-Condition Costs ---------------------------------------------------------------------------------------------------------------- Cost per Action Labor cost Parts cost product ---------------------------------------------------------------------------------------------------------------- Upper cap splice repair or replacement 368 work-hours x $85 per hour = $64,306 $95,586. (each side). $31,280. ---------------------------------------------------------------------------------------------------------------- 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-2016-9433; Directorate Identifier 2016-NM-159-AD. (a) Comments Due Date We must receive comments by January 19, 2017. (b) Affected ADs None. (c) Applicability This AD applies to all The Boeing Company Model MD-90-30 airplanes, certificated in any category. (d) Subject Air Transport Association (ATA) of America Code 55, Stabilizers. (e) Unsafe Condition This AD was prompted by a report of cracking in a horizontal stabilizer rear spar cap at station XE = +/-5.931. We are issuing this AD to detect and correct fatigue cracking of the horizontal stabilizer rear spar upper cap, which could adversely affect the structural integrity of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Repetitive Open Hole Eddy Current High Frequency or Surface Eddy Current Low Frequency Inspections Except as required by paragraph (i) of this AD, at the applicable times specified in table 1 of paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin MD90-55A018, dated June 29, 2016: Do either an open hole eddy current high frequency (ETHF) or a surface eddy current low frequency (ETLF) inspection for any crack in the left and right side horizontal stabilizer rear spar upper caps common to the elevator hinge fitting at station XE = +/- 5.931, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin MD90-55A018, dated June 29, 2016, except as required by paragraph (i) of this AD. Repeat the inspection thereafter at the time specified in tables 1 through 4, as applicable, of paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin MD90-55A018, dated June 29, 2016. (h) Horizontal Rear Spar Upper Cap Splice Repair or Replacement If any crack is found during any inspection required by paragraph (g) of this AD, repair or replace before further flight in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin MD90-55A018, dated June 29, 2016. (i) Service Information Exceptions Where Boeing Alert Service Bulletin MD90-55A018, dated June 29, 2016, specifies a compliance time ``after the original issue date of this service bulletin,'' this AD requires compliance within the specified compliance time after the effective date of this AD. (j) Alternative Methods of Compliance (AMOCs) (1) The Manager, Los Angeles 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 [[Page 87501]] 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 (k)(1) 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, Los Angeles 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. (4) For service information that contains steps that are labeled as Required for Compliance (RC), the provisions of paragraphs (j)(4)(i) and (j)(4)(ii) of this AD apply. (i) The steps labeled as RC, including substeps under an RC step and any figures identified in an RC step, must be done to comply with the AD. If a step or sub-step is labeled ``RC Exempt,'' then the RC requirement is removed from that step or sub-step. An AMOC is required for any deviations to RC steps, including substeps and identified figures. (ii) Steps not labeled 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 RC steps, including substeps and identified figures, can still be done as specified, and the airplane can be put back in an airworthy condition. (k) Related Information (1) For more information about this AD, contact Haytham Alaidy, Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification Office (ACO), 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5224; fax: 562-627-5210; email: [email protected]. (2) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740; telephone 562-797-1717; 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. Issued in Renton, Washington, on November 17, 2016. Phil Forde, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2016-28668 Filed 12-2-16; 8:45 am] BILLING CODE 4910-13-P
![Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Proposed Rules 87499
Issued in Renton, Washington, on Airplanes, Attention: Contractual & Data personal information you provide. We
November 17, 2016. Services (C&DS), 2600 Westminster will also post a report summarizing each
Phil Forde, Blvd., MC 110–SK57, Seal Beach, CA substantive verbal contact we receive
Acting Manager, Transport Airplane 90740; telephone 562–797–1717; about this proposed AD.
Directorate, Aircraft Certification Service. Internet https://
Discussion
[FR Doc. 2016–28664 Filed 12–2–16; 8:45 am] www.myboeingfleet.com. You may view
BILLING CODE 4910–13–P this referenced service information at We have received a report of cracking
the FAA, Transport Airplane in an MD–90 horizontal stabilizer rear
Directorate, 1601 Lind Avenue SW., spar cap at station XE = +/¥5.931. The
DEPARTMENT OF TRANSPORTATION Renton, WA. For information on the affected airplane had accumulated
availability of this material at the FAA, 36,588 total flight hours and 24,975 total
Federal Aviation Administration call 425–227–1221. It is also available landing cycles. Without routine
on the Internet at http:// inspections, such cracks could grow to
14 CFR Part 39 www.regulations.gov by searching for critical length before being detected.
[Docket No. FAA–2016–9433; Directorate and locating Docket No. FAA–2016– This condition, if not corrected, could
Identifier 2016–NM–159–AD] 9433. result in fatigue cracking of the
RIN 2120–AA64 Examining the AD Docket horizontal stabilizer rear spar upper cap,
which could adversely affect the
You may examine the AD docket on structural integrity of the airplane.
Airworthiness Directives; The Boeing
the Internet at http://
Company Airplanes Related Service Information Under
www.regulations.gov by searching for
AGENCY: Federal Aviation and locating Docket No. FAA–2016– 1 CFR Part 51
Administration (FAA), DOT. 9433; or in person at the Docket
We reviewed Boeing Alert Service
ACTION: Notice of proposed rulemaking Management Facility between 9 a.m.
Bulletin MD90–55A018, dated June 29,
(NPRM). and 5 p.m., Monday through Friday,
2016. The service information describes
except Federal holidays. The AD docket
SUMMARY: We propose to adopt a new procedures for repetitive open hole
contains this proposed AD, the
airworthiness directive (AD) for all The ETHF or surface ETLF inspections for
regulatory evaluation, any comments
Boeing Company Model MD–90–30 any crack in the left and right side
received, and other information. The
airplanes. This proposed AD was horizontal stabilizer rear spar upper
street address for the Docket Office
prompted by a report of cracking in a caps common to the elevator hinge
(phone: 800–647–5527) is in the
horizontal stabilizer rear spar cap. This fitting at station XE = +/¥5.931, and
ADDRESSES section. Comments will be
proposed AD would require repetitive repair or replacement. This service
available in the AD docket shortly after
open hole eddy current high frequency information is reasonably available
receipt.
(ETHF) or surface eddy current low because the interested parties have
FOR FURTHER INFORMATION CONTACT:
frequency (ETLF) inspections for any access to it through their normal course
Haytham Alaidy, Aerospace Engineer, of business or by the means identified
crack in the left and right side Airframe Branch, ANM–120L, FAA, Los
horizontal stabilizer rear spar upper in the ADDRESSES section.
Angeles Aircraft Certification Office
caps, and repair or replacement if (ACO), 3960 Paramount Boulevard, FAA’s Determination
necessary. We are proposing this AD to Lakewood, CA 90712–4137; phone:
prevent the unsafe condition on these 562–627–5224; fax: 562–627–5210; We are proposing this AD because we
products. email: haytham.alaidy@faa.gov. evaluated all the relevant information
and determined the unsafe condition
DATES: We must receive comments on SUPPLEMENTARY INFORMATION:
described previously is likely to exist or
this proposed AD by January 19, 2017.
Comments Invited develop in other products of the same
ADDRESSES: You may send comments,
We invite you to send any written type design.
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following relevant data, views, or arguments about Proposed AD Requirements
methods: this proposal. Send your comments to
• Federal eRulemaking Portal: Go to an address listed under the ADDRESSES This proposed AD would require
http://www.regulations.gov. Follow the section. Include ‘‘Docket No. FAA– accomplishing the actions specified in
instructions for submitting comments. 2016–9433; Directorate Identifier 2016– the service information described
• Fax: 202–493–2251. NM–159–AD’’ at the beginning of your previously. For information on the
• Mail: U.S. Department of comments. We specifically invite procedures and compliance times, see
Transportation, Docket Operations, comments on the overall regulatory, this service information at http://
M–30, West Building Ground Floor, economic, environmental, and energy www.regulations.gov by searching for
Room W12–140, 1200 New Jersey aspects of this proposed AD. We will and locating Docket No. FAA–2016–
Avenue SE., Washington, DC 20590. consider all comments received by the 9433.
• Hand Delivery: Deliver to Mail closing date and may amend this Costs of Compliance
address above between 9 a.m. and 5 proposed AD because of those
p.m., Monday through Friday, except comments. We estimate that this proposed AD
sradovich on DSK3GMQ082PROD with PROPOSALS
Federal holidays. We will post all comments we affects 105 airplanes of U.S. registry. We
For service information identified in receive, without change, to http:// estimate the following costs to comply
this NPRM, contact Boeing Commercial www.regulations.gov, including any with this proposed AD:
VerDate Sep<11>2014 17:33 Dec 02, 2016 Jkt 241001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\05DEP1.SGM 05DEP1](https://thefederalregister.org/doc/81_FR_87732/page/1.svg)
![87500 Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Proposed Rules
ESTIMATED COSTS
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
Inspection ...................... 8 work-hours × $85 per hour = $680 per in- $0 $680 per inspection $71,400 per inspection
spection cycle. cycle. cycle.
We estimate the following costs to do that would be required based on the have no way of determining the number
any necessary repairs or replacements results of the proposed inspection. We of aircraft that might need these actions:
ON-CONDITION COSTS
Cost per
Action Labor cost Parts cost product
Upper cap splice repair or replacement (each side) .... 368 work-hours × $85 per hour = $31,280 .................. $64,306 $95,586.
Authority for This Rulemaking under the criteria of the Regulatory (f) Compliance
Title 49 of the United States Code Flexibility Act. Comply with this AD within the
specifies the FAA’s authority to issue compliance times specified, unless already
List of Subjects in 14 CFR Part 39 done.
rules on aviation safety. Subtitle I, Air transportation, Aircraft, Aviation
section 106, describes the authority of (g) Repetitive Open Hole Eddy Current High
safety, Incorporation by reference, Frequency or Surface Eddy Current Low
the FAA Administrator. Subtitle VII: Safety.
Aviation Programs, describes in more Frequency Inspections
detail the scope of the Agency’s The Proposed Amendment Except as required by paragraph (i) of this
authority. AD, at the applicable times specified in table
Accordingly, under the authority 1 of paragraph 1.E., ‘‘Compliance,’’ of Boeing
We are issuing this rulemaking under delegated to me by the Administrator,
the authority described in Subtitle VII, Alert Service Bulletin MD90–55A018, dated
the FAA proposes to amend 14 CFR part June 29, 2016: Do either an open hole eddy
Part A, Subpart III, Section 44701: 39 as follows: current high frequency (ETHF) or a surface
‘‘General requirements.’’ Under that eddy current low frequency (ETLF)
section, Congress charges the FAA with PART 39—AIRWORTHINESS inspection for any crack in the left and right
promoting safe flight of civil aircraft in DIRECTIVES side horizontal stabilizer rear spar upper caps
air commerce by prescribing regulations common to the elevator hinge fitting at
for practices, methods, and procedures ■ 1. The authority citation for part 39 station XE = +/¥5.931, in accordance with
the Administrator finds necessary for continues to read as follows: the Accomplishment Instructions of Boeing
safety in air commerce. This regulation Alert Service Bulletin MD90–55A018, dated
Authority: 49 U.S.C. 106(g), 40113, 44701.
June 29, 2016, except as required by
is within the scope of that authority paragraph (i) of this AD. Repeat the
because it addresses an unsafe condition § 39.13 [Amended]
inspection thereafter at the time specified in
that is likely to exist or develop on ■ 2. The FAA amends § 39.13 by adding tables 1 through 4, as applicable, of
products identified in this rulemaking the following new airworthiness paragraph 1.E., ‘‘Compliance,’’ of Boeing
action. directive (AD): Alert Service Bulletin MD90–55A018, dated
The Boeing Company: Docket No. FAA– June 29, 2016.
Regulatory Findings
2016–9433; Directorate Identifier 2016– (h) Horizontal Rear Spar Upper Cap Splice
We determined that this proposed AD NM–159–AD. Repair or Replacement
would not have federalism implications (a) Comments Due Date If any crack is found during any inspection
under Executive Order 13132. This required by paragraph (g) of this AD, repair
We must receive comments by January 19,
proposed AD would not have a or replace before further flight in accordance
2017.
substantial direct effect on the States, on with the Accomplishment Instructions of
the relationship between the national (b) Affected ADs Boeing Alert Service Bulletin MD90–55A018,
Government and the States, or on the None. dated June 29, 2016.
distribution of power and (c) Applicability (i) Service Information Exceptions
responsibilities among the various
This AD applies to all The Boeing Where Boeing Alert Service Bulletin
levels of government. MD90–55A018, dated June 29, 2016,
Company Model MD–90–30 airplanes,
For the reasons discussed above, I certificated in any category. specifies a compliance time ‘‘after the
certify this proposed regulation: original issue date of this service bulletin,’’
(1) Is not a ‘‘significant regulatory (d) Subject this AD requires compliance within the
action’’ under Executive Order 12866, Air Transport Association (ATA) of specified compliance time after the effective
(2) Is not a ‘‘significant rule’’ under America Code 55, Stabilizers. date of this AD.
sradovich on DSK3GMQ082PROD with PROPOSALS
the DOT Regulatory Policies and (e) Unsafe Condition (j) Alternative Methods of Compliance
Procedures (44 FR 11034, February 26, (AMOCs)
This AD was prompted by a report of
1979), (1) The Manager, Los Angeles Aircraft
cracking in a horizontal stabilizer rear spar
(3) Will not affect intrastate aviation cap at station XE = +/¥5.931. We are issuing Certification Office (ACO), FAA, has the
in Alaska, and this AD to detect and correct fatigue cracking authority to approve AMOCs for this AD, if
(4) Will not have a significant of the horizontal stabilizer rear spar upper requested using the procedures found in 14
economic impact, positive or negative, cap, which could adversely affect the CFR 39.19. In accordance with 14 CFR 39.19,
on a substantial number of small entities structural integrity of the airplane. send your request to your principal inspector
VerDate Sep<11>2014 17:33 Dec 02, 2016 Jkt 241001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\05DEP1.SGM 05DEP1](https://thefederalregister.org/doc/81_FR_87732/page/2.svg)
![Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Proposed Rules 87501
or local Flight Standards District Office, as DEPARTMENT OF THE INTERIOR pay for funeral expenses. There is an
appropriate. If sending information directly ongoing concern that $1,000 is not
to the manager of the ACO, send it to the Bureau of Indian Affairs sufficient to pay for funeral expenses.
attention of the person identified in
While individuals may submit funeral
paragraph (k)(1) of this AD. Information may
be emailed to: 9-ANM-LAACO-AMOC-
25 CFR Part 15 related claims to be paid from estate
Requests@faa.gov. account funds at any time before the
(2) Before using any approved AMOC, 43 CFR Part 30 conclusion of the first hearing by the
notify your appropriate principal inspector, [178A2100DD/AAKC001030/ Office of Hearings and Appeals (OHA),
or lacking a principal inspector, the manager A0A501010.999900 253G] the Bureau of Indian Affairs (BIA) is
of the local flight standards district office/ aware that family members sometimes
certificate holding district office. Probate Regulation Updates suffer financial hardship and lengthy
(3) An AMOC that provides an acceptable
delays as the estate is finalized and
level of safety may be used for any repair, AGENCY: Bureau of Indian Affairs,
modification, or alteration required by this claims are approved.
Interior. Revisions under consideration:
AD if it is approved by the Boeing
Commercial Airplanes Organization ACTION: Tribal consultation; reopening • The BIA is considering a
Designation Authorization (ODA) that has of comment period. modification to this subpart that would
been authorized by the Manager, Los Angeles increase the amount of funds available
ACO, to make those findings. To be SUMMARY: On June 20, 2016, the Bureau
of Indian Affairs announced Tribal to use for funeral expenses. One
approved, the repair method, modification proposed modification would amend
deviation, or alteration deviation must meet consultation on potential updates to
the certification basis of the airplane, and the probate regulations and announced that current regulations by increasing the
approval must specifically refer to this AD. it would accept written comments until amount an individual may request from
(4) For service information that contains August 1, 2016. We are reopening the the decedent’s IIM to no more than
steps that are labeled as Required for comment period to allow additional $5,000 for funeral expenses. The
Compliance (RC), the provisions of
time for Tribal and public comment and account must still contain a minimum
paragraphs (j)(4)(i) and (j)(4)(ii) of this AD balance of $2,500 in order to approve an
apply. will accept all comments received
before January 4, 2017. expense under this section.
(i) The steps labeled as RC, including • In the interests of preserving estate
substeps under an RC step and any figures DATES: The comment period announced
identified in an RC step, must be done to account funds for heirs and other
on June 20, 2016 (81 FR 39874) is claimants, an alternative option would
comply with the AD. If a step or sub-step is reopened. Written comments must be
labeled ‘‘RC Exempt,’’ then the RC be to likewise raise the maximum
received by January 4, 2017. payout to $5,000, but with the limitation
requirement is removed from that step or
sub-step. An AMOC is required for any ADDRESSES: You may submit comments that the total payments could not exceed
deviations to RC steps, including substeps by one of the following methods: 40% of the available account balance.
and identified figures. • Email: consultation@bia.gov. 2. Allowing BIA to make minor estate
(ii) Steps not labeled as RC may be • By hard copy: Submit by U.S. mail inventory corrections.
deviated from using accepted methods in or hand delivery to: Ms. Elizabeth
accordance with the operator’s maintenance The current regulation, at 43 CFR
Appel, Office of Regulatory Affairs and 30.126, requires a judge to issue a
or inspection program without obtaining Collaborative Action, U.S. Department
approval of an AMOC, provided the RC steps, modification order if trust or restricted
including substeps and identified figures, can
of the Interior, 1849 C Street NW., MS– property belonging to a decedent is
still be done as specified, and the airplane 3071–MIB, Washington, DC 20240. omitted from the inventory of an estate.
can be put back in an airworthy condition. FOR FURTHER INFORMATION CONTACT: Ms. As a result, it can take significant time
(k) Related Information
Elizabeth Appel, Director, Office of to make minor estate inventory
Regulatory Affairs and Collaborative corrections to include omitted property.
(1) For more information about this AD, Action, Office of the Assistant
contact Haytham Alaidy, Aerospace Revision under consideration:
Engineer, Airframe Branch, ANM–120L,
Secretary—Indian Affairs; telephone • The BIA is considering a regulatory
FAA, Los Angeles Aircraft Certification (202) 273–4680, elizabeth.appel@ modification to grant the BIA the
Office (ACO), 3960 Paramount Boulevard, bia.gov. authority to make estate inventory
Lakewood, CA 90712–4137; phone: 562–627– SUPPLEMENTARY INFORMATION: As modifications when heirship has
5224; fax: 562–627–5210; email: described below, we have identified already been determined by an OHA
haytham.alaidy@faa.gov. order. The BIA would notify all
(2) For service information identified in
three areas for modification that will
have an immediate impact in interested parties to an estate in the
this AD, contact Boeing Commercial
Airplanes, Attention: Contractual & Data streamlining the probate process. We are event property interests were to be
Services (C&DS), 2600 Westminster Blvd., seeking comments with regard to the added. As in this current regulatory
MC 110–SK57, Seal Beach, CA 90740; following topics, and welcome insight section, any modification that would
telephone 562–797–1717; Internet https:// on other aspects of the probate result in property taking a different line
www.myboeingfleet.com. You may view this regulatory framework that could be of descent would still require OHA
referenced service information at the FAA, improved. issuing a decision to re-determine heirs.
Transport Airplane Directorate, 1601 Lind For example, if adding property to a
Avenue SW., Renton, WA. For information Probate Revisions Currently Under decedent’s estate would cause that
on the availability of this material at the Consideration interest to become 5% or more of the
sradovich on DSK3GMQ082PROD with PROPOSALS
FAA, call 425–227–1221.
1. Increasing the monetary limit for parcel, and thus no longer subject to the
Issued in Renton, Washington, on distribution of IIM account funds to pay American Indian Probate Reform Act’s
November 17, 2016. for funeral services from $1,000 to highly fractionated interest provisions,
Phil Forde, $5,000. OHA would need to issue a new
Acting Manager, Transport Airplane The regulation, at 25 CFR 15.301, decision to re-determine descent and
Directorate, Aircraft Certification Service. currently establishes a monetary limit of distribution of those interests. There
[FR Doc. 2016–28668 Filed 12–2–16; 8:45 am] $1,000 for distribution of Individual would be no change to the requirement
BILLING CODE 4910–13–P Indian Money (IIM) account funds to that any removal of property from a
VerDate Sep<11>2014 17:33 Dec 02, 2016 Jkt 241001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\05DEP1.SGM 05DEP1](https://thefederalregister.org/doc/81_FR_87732/page/3.svg)
Document Created: 2016-12-03 00:26:05
Document Modified: 2016-12-03 00:26:05
| 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 January 19, 2017. | |
| Contact | Haytham Alaidy, Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification Office (ACO), 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5224; fax: 562-627-5210; email: [email protected] | |
| FR Citation | 81 FR 87499 | |
| RIN Number | 2120-AA64 | |
| CFR Associated | Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR