82 FR 32629 - Airworthiness Directives; The Boeing Company Airplanes
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 82, Issue 135 (July 17, 2017)
Federal Aviation Administration
Federal Register Volume 82, Issue 135 (July 17, 2017)
| Page Range | 32629-32632 | |
| FR Document | 2017-14470 |
[Federal Register Volume 82, Number 135 (Monday, July 17, 2017)] [Rules and Regulations] [Pages 32629-32632] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-14470] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-3637; Directorate Identifier 2014-NM-219-AD; Amendment 39-18954; AD 2017-14-10] RIN 2120-AA64 Airworthiness Directives; The Boeing Company Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model MD-11 and MD-11F airplanes. This AD was prompted by report of fuel odor in the cabin. Fuel was found leaking from a cracked fuel line shroud in the left cargo compartment equipment tunnel. This AD requires a check for the presence of fuel at the fuel shroud drain; a high frequency eddy current (HFEC) inspection for cracked fuel line shrouds; a pressure test of the drain system of the tail tank fuel shroud and a pressure test of the drain system of the aft fuselage fuel shroud to determine cracking; and corrective actions, if necessary. We are issuing this AD to address the unsafe condition on these products. DATES: This AD is effective August 21, 2017. The Director of the Federal Register approved the incorporation by reference of certain publication listed in this AD as of August 21, 2017. ADDRESSES: For service information identified in this final rule, contact Boeing Commercial Airplanes, Attention: Data & Services Management, 3855 Lakewood Boulevard, MC D800-0019, Long Beach, CA 90846-0001; telephone 206-544-5000, extension 2; fax 206-766-5683; Internet https://www.myboeingfleet.com. 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. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-3637. 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 2015- 3637; 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 final rule, 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: Serj Harutunian, Aerospace Engineer, Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification Office (ACO), 3960 Paramount Boulevard, Lakewood, CA 90712-4137; telephone: 562-627-5254; fax: 562-627-5210; email: [email protected]. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain The Boeing Company Model MD-11 and MD-11F airplanes. The NPRM published in the Federal Register on September 29, 2015 (80 FR 58362) (``the NPRM''). The NPRM was prompted by a report of fuel odor in the cabin. Fuel was found leaking from a cracked fuel line shroud in the left cargo compartment equipment tunnel. The NPRM proposed to require a check for the presence of fuel at the fuel shroud drain; a HFEC inspection for cracked fuel line shrouds; a pressure test of the drain system of the tail tank fuel shroud and a pressure test of the drain system of the aft fuselage fuel shroud to determine if there is cracking; and corrective actions, if necessary. We are issuing this AD to detect and correct fuel leaking from a cracked fuel line shroud, which could result in fuel accumulation below the cargo compartment floor and consequent increased risk of fire. Comments We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the NPRM and the FAA's response to each comment. Request To Withdraw the NPRM United Parcel Service (UPS) requested that the NPRM be withdrawn until Boeing has the opportunity to work with affected MD-11 operators to develop accurate service information. UPS stated that Boeing Alert Service Bulletin MD11-28A148, dated August 29, 2014, does not provide adequate guidance on the inspection areas. UPS suggested that we revise the NPRM to include specific procedures for an HFEC inspection to the area of the shroud adjacent to the installed internal spacers as well as the curved areas, provide procedures for airplanes on which a previous repair has been accomplished in the HFEC inspection area, and specify that the leak check be done only at the portion of the tail tank transfer line and the #2 engine fuel feed line shroud drain system running through the left-hand portion of the aft lower cargo compartment from approximately airplane station 1501 to 2007. We disagree with the commenter's request to withdraw or revise the NPRM. Since the NPRM was published, Boeing has released new service information, which corrects certain typographical errors and procedures in an appendix, includes minor editorial [[Page 32630]] changes, and addresses all of the commenter's concerns. This AD has been revised to require accomplishment of all actions in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin MD11-28A148, Revision 1, dated March 24, 2017. We have also given credit for Boeing Alert Service Bulletin MD11-28A148, dated August 29, 2014, if those actions were performed before the effective date of this AD. We agree with the commenter that cracks and leakage in the shrouds are predominantly found in sections of the shroud with internal spacers installed. Since the service information has been revised, Figure 1 of Boeing Alert Service Bulletin MD11-28A148, Revision 1, dated March 24, 2017, addresses the inspection areas of concern in the commenter's request and specifies the areas requiring an HFEC inspection. The ``Note'' in paragraph 3.B., ``Work Instructions,'' of Option 1 of the Accomplishment Instructions of Boeing Alert Service Bulletin MD11- 28A148, Revision 1, dated March 24, 2017, specifies that the pressure test is to be done if a shroud has been repaired with doublers. In addition, the Accomplishment Instructions of Boeing Alert Service Bulletin MD11-28A148, Revision 1, dated March 24, 2017, reduce the scope of the leak checks as much as practical, and also include instructions to disconnect and reconnect as few lines as possible. As stated previously, we have revised this AD to require accomplishment of all actions in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin MD11-28A148, Revision 1, dated March 24, 2017. Request Clarification for Existing Maintenance Planning Document (MPD) Functional Check Items FedEx noted that functional checks similar to those specified in the proposed AD are already part of the MD-11 MPD and requested clarification regarding the more restrictive checks in the proposed AD. FedEx stated that Boeing Alert Service Bulletin MD11-28A148, dated August 29, 2014, and the proposed AD do not provide instructions on how to handle the existing MPD functional check items. FedEx stated that the more restrictive checks in the proposed AD should have been mandated as a revision to the maintenance or inspection program. We agree to provide clarification; however, we do not agree to delay issuance of this AD to mandate a revision to the manufacturer's maintenance or inspection program. The more restrictive repetitive requirements of this AD take precedence over the current MPD since these actions are necessary to correct the identified unsafe condition. We have not changed this AD regarding this issue. Request To Revise Certain Wording in the Proposed AD Boeing requested that we revise paragraphs (g)(1)(i) and (g)(2)(i) of the proposed AD from a check for the presence of fuel at the ``fuel shroud drain'' to a check at the ``fuel shroud drain valves.'' Boeing stated that paragraph (g) of the proposed AD specified to check the fuel shroud drain, whereas Boeing Alert Service Bulletin MD11-28A148, dated August 29, 2014, emphasizes checking all the drain valves where fuel may accumulate. We agree with the commenter's request for the reason provided above. We have revised paragraphs (g)(1)(i) and (g)(2)(i) of this AD accordingly, to state ``check for the presence of fuel at the fuel shroud drain valves.'' Conclusion We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting this final rule with the changes described previously and minor editorial changes. We have determined that these minor changes:Are consistent with the intent that was proposed in the NPRM for correcting the unsafe condition; and Do not add any additional burden upon the public than was already proposed in the NPRM. We also determined that these changes will not increase the economic burden on any operator or increase the scope of this final rule. Related Service Information Under 1 CFR Part 51 We reviewed Boeing Alert Service Bulletin MD11-28A148, Revision 1, dated March 24, 2017. The service information describes procedures for checking for the presence of fuel at the fuel shroud drain valves; a HFEC inspection for cracked fuel line shrouds; a pressure test of the drain system of the tail tank fuel shroud and a pressure test of the drain system of the aft fuselage fuel shroud; and corrective actions. 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 90 airplanes of U.S. registry. We estimate the following costs to comply with this AD: Estimated Costs ---------------------------------------------------------------------------------------------------------------- Cost on U.S. Action Labor cost Parts cost Cost per product operators ---------------------------------------------------------------------------------------------------------------- Check for presence of fuel at 2 work-hours x $85 per $0 $170, per $15,300, per the fuel shroud drain. hour = $170, per inspection cycle. inspection cycle. inspection cycle. HFEC Inspection (optional)..... 5 work-hours x $85 per $0 $425, per $38,250, per hour = $425, per inspection cycle. inspection cycle. inspection cycle. Pressure Test.................. 3 work-hours x $85 per $0 $255, per $22,950, per hour = $255, per inspection cycle. inspection cycle. inspection cycle. ---------------------------------------------------------------------------------------------------------------- We have received no definitive data that would enable us to provide cost estimates 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: [[Page 32631]] ``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 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. Sec. 39.13 [Amended] 0 2. The FAA amends Sec. 39.13 by adding the following new airworthiness directive (AD): 2017-14-10 The Boeing Company: Amendment 39-18954 Docket No. FAA- 2015-3637; Directorate Identifier 2014-NM-219-AD. (a) Effective Date This AD is effective August 21, 2017. (b) Affected ADs None. (c) Applicability This AD applies to The Boeing Company Model MD-11 and MD-11F airplanes, certificated in any category, as identified in Boeing Alert Service Bulletin MD11-28A148, Revision 1, dated March 24, 2017. (d) Subject Air Transport Association (ATA) of America Code 28, Fuel System. (e) Unsafe Condition This AD was prompted by a report of fuel odor in the cabin. Fuel was found leaking from a cracked fuel line shroud in the left cargo compartment equipment tunnel. We are issuing this AD to detect and correct fuel leaking from a cracked fuel line shroud, which could result in fuel accumulation below the cargo compartment floor and consequent increased risk of fire. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Check, Inspection, Test, and Corrective Actions Do the actions in paragraphs (g)(1) or (g)(2) of this AD, as applicable. (1) Except as specified in paragraph (h) of this AD: At the applicable time in Table 1 of paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin MD11-28A148, Revision 1, dated March 24, 2017, do the actions in paragraphs (g)(1)(i), (g)(1)(ii), and (g)(1)(iii) of this AD. Before further flight do all applicable corrective actions, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin MD11-28A148, Revision 1, dated March 24, 2017. Repeat the actions thereafter at the applicable time in Table 1 of paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin MD11-28A148, Revision 1, dated March 24, 2017. (i) Check for the presence of fuel at the fuel shroud drain valves. (ii) Do a high frequency eddy current (HFEC) inspection for cracked fuel line shrouds. (iii) Do a pressure test of the drain system of the tail tank fuel shroud and a pressure test of the drain system of the aft fuselage fuel shroud to determine if there is cracking. (2) Except as specified in paragraph (h) of this AD: At the applicable time in Table 2 of paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin MD11-28A148, Revision 1, dated March 24, 2017, do the actions in paragraphs (g)(2)(i) and (g)(2)(ii) of this AD. Before further flight do all applicable corrective actions, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin MD11-28A148, Revision 1, dated March 24, 2017. Repeat the actions thereafter at the applicable time in Table 2 of paragraph 1.E., ``Compliance,'' of Boeing Alert Service Bulletin MD11-28A148, Revision 1, dated March 24, 2017. (i) Check for the presence of fuel at the fuel shroud drain valves. (ii) Do a pressure test of the drain system of the tail tank fuel shroud and a pressure test of the drain system of the aft fuselage fuel shroud to determine if there is cracking. (h) Exception to the Service Information Where Boeing Alert Service Bulletin MD11-28A148, Revision 1, dated March 24, 2017, specifies a compliance time of ``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. (i) Credit for Previous Actions This paragraph provides credit for the actions specified in paragraph (g) of this AD, if those actions were performed before the effective date of this AD using Boeing Alert Service Bulletin MD11- 28A148, dated August 29, 2014. (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 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. (k) Related Information (1) For more information about this AD, contact Serj Harutunian, Aerospace Engineer, Propulsion Branch, ANM-140L, FAA, Los Angeles ACO, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; telephone: 562-627-5254; fax: 562-627-5210; email: [email protected]. (2) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (l)(3) and (l)(4) of this AD. (l) 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. (i) Boeing Alert Service Bulletin MD11-28A148, Revision 1, dated March 24, 2017. (ii) Reserved. (3) For Boeing service information identified in this AD, contact Boeing [[Page 32632]] Commercial Airplanes, Attention: Data & Services Management, 3855 Lakewood Boulevard, MC D800-0019, Long Beach, CA 90846-0001; telephone 206-544-5000, extension 2; fax 206-766-5683; Internet https://www.myboeingfleet.com. (4) 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. (5) 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 June 29, 2017. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2017-14470 Filed 7-14-17; 8:45 am] BILLING CODE 4910-13-P
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(j) Material Incorporated by Reference cracked fuel line shroud in the left cargo Discussion
(1) The Director of the Federal Register compartment equipment tunnel. This We issued a notice of proposed
approved the incorporation by reference AD requires a check for the presence of rulemaking (NPRM) to amend 14 CFR
(IBR) of the service information listed in this fuel at the fuel shroud drain; a high
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 39 by adding an AD that would
frequency eddy current (HFEC) apply to certain The Boeing Company
part 51. inspection for cracked fuel line shrouds;
(2) You must use this service information Model MD–11 and MD–11F airplanes.
a pressure test of the drain system of the The NPRM published in the Federal
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
tail tank fuel shroud and a pressure test Register on September 29, 2015 (80 FR
(i) International Aero Engines (IAE) Non- of the drain system of the aft fuselage 58362) (‘‘the NPRM’’). The NPRM was
Modification Service Bulletin (NMSB) fuel shroud to determine cracking; and prompted by a report of fuel odor in the
V2500–ENG–72–0676, dated October 14, corrective actions, if necessary. We are cabin. Fuel was found leaking from a
2016. issuing this AD to address the unsafe cracked fuel line shroud in the left cargo
(ii) IAE NMSB V2500–ENG–72–0677, condition on these products.
Revision 1, dated January 11, 2017.
compartment equipment tunnel. The
(iii) IAE NMSB V2500–ENG–72–0678, DATES: This AD is effective August 21, NPRM proposed to require a check for
Revision 1, dated January 5, 2017. 2017. the presence of fuel at the fuel shroud
(iv) IAE NMSB V2500–ENG–72–0681, The Director of the Federal Register drain; a HFEC inspection for cracked
Revision 2, dated January 9, 2017. approved the incorporation by reference fuel line shrouds; a pressure test of the
(v) IAE NMSB V2500–ENG–72–0682, dated of certain publication listed in this AD drain system of the tail tank fuel shroud
December 2, 2016. and a pressure test of the drain system
(3) For International Aero Engines service
as of August 21, 2017.
of the aft fuselage fuel shroud to
information identified in this AD, contact ADDRESSES: For service information determine if there is cracking; and
International Aero Engines AG, 400 Main identified in this final rule, contact
Street, East Hartford, CT 06118; phone: 860–
corrective actions, if necessary. We are
Boeing Commercial Airplanes, issuing this AD to detect and correct
565–0140; email: help24@pw.utc.com;
Attention: Data & Services Management, fuel leaking from a cracked fuel line
Internet: http://fleetcare.pw.utc.com.
(4) You may view this service information 3855 Lakewood Boulevard, MC D800– shroud, which could result in fuel
at FAA, Engine & Propeller Directorate, 1200 0019, Long Beach, CA 90846–0001; accumulation below the cargo
District Avenue, Burlington, MA. For telephone 206–544–5000, extension 2; compartment floor and consequent
information on the availability of this fax 206–766–5683; Internet https:// increased risk of fire.
material at the FAA, call 781–238–7125. www.myboeingfleet.com. You may view
(5) You may view this service information this service information at the FAA, Comments
that is incorporated by reference at the Transport Airplane Directorate, 1601 We gave the public the opportunity to
National Archives and Records Lind Avenue SW., Renton, WA. For
Administration (NARA). For information on
participate in developing this AD. The
information on the availability of this following presents the comments
the availability of this material at NARA, call
202–741–6030, or go to: http:// material at the FAA, call 425–227–1221. received on the NPRM and the FAA’s
www.archives.gov/federal-register/cfr/ibr- It is also available on the Internet at response to each comment.
locations.html. http://www.regulations.gov by searching
for and locating Docket No. FAA–2015– Request To Withdraw the NPRM
Issued in Burlington, Massachusetts, on
July 3, 2017. 3637. United Parcel Service (UPS) requested
that the NPRM be withdrawn until
Kevin Dickert, Examining the AD Docket
Boeing has the opportunity to work with
Acting Manager, Engine & Propeller
Directorate, Aircraft Certification Service. You may examine the AD docket on affected MD–11 operators to develop
the Internet at http:// accurate service information. UPS stated
[FR Doc. 2017–14706 Filed 7–14–17; 8:45 am]
www.regulations.gov by searching for that Boeing Alert Service Bulletin
BILLING CODE 4910–13–P
and locating Docket No. FAA 2015– MD11–28A148, dated August 29, 2014,
3637; or in person at the Docket does not provide adequate guidance on
DEPARTMENT OF TRANSPORTATION Management Facility between 9 a.m. the inspection areas. UPS suggested that
and 5 p.m., Monday through Friday, we revise the NPRM to include specific
Federal Aviation Administration except Federal holidays. The AD docket procedures for an HFEC inspection to
contains this final rule, the regulatory the area of the shroud adjacent to the
14 CFR Part 39 evaluation, any comments received, and installed internal spacers as well as the
other information. The address for the curved areas, provide procedures for
[Docket No. FAA–2015–3637; Directorate airplanes on which a previous repair
Docket Office (phone: 800–647–5527) is
Identifier 2014–NM–219–AD; Amendment
Docket Management Facility, U.S. has been accomplished in the HFEC
39–18954; AD 2017–14–10]
Department of Transportation, Docket inspection area, and specify that the
RIN 2120–AA64 Operations, M–30, West Building leak check be done only at the portion
Ground Floor, Room W12–140, 1200 of the tail tank transfer line and the #2
Airworthiness Directives; The Boeing New Jersey Avenue SE., Washington, engine fuel feed line shroud drain
Company Airplanes DC 20590. system running through the left-hand
AGENCY: Federal Aviation portion of the aft lower cargo
FOR FURTHER INFORMATION CONTACT: Serj compartment from approximately
Administration (FAA), DOT. Harutunian, Aerospace Engineer,
ACTION: Final rule. airplane station 1501 to 2007.
Propulsion Branch, ANM–140L, FAA,
jstallworth on DSK7TPTVN1PROD with RULES
We disagree with the commenter’s
Los Angeles Aircraft Certification Office request to withdraw or revise the
SUMMARY: We are adopting a new
(ACO), 3960 Paramount Boulevard, NPRM. Since the NPRM was published,
airworthiness directive (AD) for certain
Lakewood, CA 90712–4137; telephone: Boeing has released new service
The Boeing Company Model MD–11
562–627–5254; fax: 562–627–5210; information, which corrects certain
and MD–11F airplanes. This AD was
email: serj.harutunian@faa.gov. typographical errors and procedures in
prompted by report of fuel odor in the
cabin. Fuel was found leaking from a SUPPLEMENTARY INFORMATION: an appendix, includes minor editorial
VerDate Sep<11>2014 14:51 Jul 14, 2017 Jkt 241001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1](https://thefederalregister.org/doc/82_FR_32764/page/1.svg)
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‘‘General requirements.’’ Under that (c) Applicability (h) Exception to the Service Information
section, Congress charges the FAA with This AD applies to The Boeing Company Where Boeing Alert Service Bulletin
promoting safe flight of civil aircraft in Model MD–11 and MD–11F airplanes, MD11–28A148, Revision 1, dated March 24,
air commerce by prescribing regulations certificated in any category, as identified in 2017, specifies a compliance time of ‘‘after
for practices, methods, and procedures Boeing Alert Service Bulletin MD11–28A148, the original issue date of this service
Revision 1, dated March 24, 2017. bulletin,’’ this AD requires compliance
the Administrator finds necessary for
within the specified compliance time after
safety in air commerce. This regulation (d) Subject the effective date of this AD.
is within the scope of that authority Air Transport Association (ATA) of
because it addresses an unsafe condition America Code 28, Fuel System. (i) Credit for Previous Actions
that is likely to exist or develop on This paragraph provides credit for the
(e) Unsafe Condition actions specified in paragraph (g) of this AD,
products identified in this rulemaking
action. This AD was prompted by a report of fuel if those actions were performed before the
odor in the cabin. Fuel was found leaking effective date of this AD using Boeing Alert
Regulatory Findings from a cracked fuel line shroud in the left Service Bulletin MD11–28A148, dated
cargo compartment equipment tunnel. We August 29, 2014.
This AD will not have federalism are issuing this AD to detect and correct fuel
implications under Executive Order leaking from a cracked fuel line shroud, (j) Alternative Methods of Compliance
13132. This AD will not have a which could result in fuel accumulation (AMOCs)
substantial direct effect on the States, on below the cargo compartment floor and (1) The Manager, Los Angeles Aircraft
the relationship between the national consequent increased risk of fire. Certification Office (ACO), FAA, has the
government and the States, or on the authority to approve AMOCs for this AD, if
(f) Compliance requested using the procedures found in 14
distribution of power and Comply with this AD within the CFR 39.19. In accordance with 14 CFR 39.19,
responsibilities among the various compliance times specified, unless already send your request to your principal inspector
levels of government. done. or local Flight Standards District Office, as
For the reasons discussed above, I appropriate. If sending information directly
(g) Check, Inspection, Test, and Corrective
certify that this AD: to the manager of the ACO, send it to the
Actions
(1) Is not a ‘‘significant regulatory attention of the person identified in
action’’ under Executive Order 12866, Do the actions in paragraphs (g)(1) or (g)(2) paragraph (k)(1) of this AD. Information may
(2) Is not a ‘‘significant rule’’ under of this AD, as applicable. be emailed to: 9-ANM-LAACO-AMOC-
(1) Except as specified in paragraph (h) of REQUESTS@faa.gov.
DOT Regulatory Policies and Procedures this AD: At the applicable time in Table 1 of (2) Before using any approved AMOC,
(44 FR 11034, February 26, 1979), paragraph 1.E., ‘‘Compliance,’’ of Boeing notify your appropriate principal inspector,
(3) Will not affect intrastate aviation Alert Service Bulletin MD11–28A148, or lacking a principal inspector, the manager
in Alaska, and Revision 1, dated March 24, 2017, do the of the local flight standards district office/
(4) Will not have a significant actions in paragraphs (g)(1)(i), (g)(1)(ii), and certificate holding district office.
economic impact, positive or negative, (g)(1)(iii) of this AD. Before further flight do (3) An AMOC that provides an acceptable
on a substantial number of small entities all applicable corrective actions, in level of safety may be used for any repair,
under the criteria of the Regulatory accordance with the Accomplishment modification, or alteration required by this
Flexibility Act. Instructions of Boeing Alert Service Bulletin AD if it is approved by the Boeing
MD11–28A148, Revision 1, dated March 24, Commercial Airplanes Organization
List of Subjects in 14 CFR Part 39 2017. Repeat the actions thereafter at the Designation Authorization (ODA) that has
applicable time in Table 1 of paragraph 1.E., been authorized by the Manager, Los Angeles
Air transportation, Aircraft, Aviation ‘‘Compliance,’’ of Boeing Alert Service ACO, to make those findings. To be
safety, Incorporation by reference, Bulletin MD11–28A148, Revision 1, dated approved, the repair method, modification
Safety. March 24, 2017. deviation, or alteration deviation must meet
(i) Check for the presence of fuel at the fuel the certification basis of the airplane, and the
Adoption of the Amendment shroud drain valves. approval must specifically refer to this AD.
Accordingly, under the authority (ii) Do a high frequency eddy current
delegated to me by the Administrator, (HFEC) inspection for cracked fuel line (k) Related Information
the FAA amends 14 CFR part 39 as shrouds. (1) For more information about this AD,
follows: (iii) Do a pressure test of the drain system contact Serj Harutunian, Aerospace Engineer,
of the tail tank fuel shroud and a pressure Propulsion Branch, ANM–140L, FAA, Los
test of the drain system of the aft fuselage Angeles ACO, 3960 Paramount Boulevard,
PART 39—AIRWORTHINESS
fuel shroud to determine if there is cracking. Lakewood, CA 90712–4137; telephone: 562–
DIRECTIVES (2) Except as specified in paragraph (h) of 627–5254; fax: 562–627–5210; email:
this AD: At the applicable time in Table 2 of serj.harutunian@faa.gov.
■ 1. The authority citation for part 39 paragraph 1.E., ‘‘Compliance,’’ of Boeing (2) Service information identified in this
continues to read as follows: Alert Service Bulletin MD11–28A148, AD that is not incorporated by reference is
Authority: 49 U.S.C. 106(g), 40113, 44701. Revision 1, dated March 24, 2017, do the available at the addresses specified in
actions in paragraphs (g)(2)(i) and (g)(2)(ii) of paragraphs (l)(3) and (l)(4) of this AD.
§ 39.13 [Amended] this AD. Before further flight do all
applicable corrective actions, in accordance (l) Material Incorporated by Reference
■ 2. The FAA amends § 39.13 by adding
with the Accomplishment Instructions of (1) The Director of the Federal Register
the following new airworthiness Boeing Alert Service Bulletin MD11–28A148, approved the incorporation by reference
directive (AD): Revision 1, dated March 24, 2017. Repeat the (IBR) of the service information listed in this
2017–14–10 The Boeing Company: actions thereafter at the applicable time in paragraph under 5 U.S.C. 552(a) and 1 CFR
Amendment 39–18954 Docket No. FAA– Table 2 of paragraph 1.E., ‘‘Compliance,’’ of part 51.
jstallworth on DSK7TPTVN1PROD with RULES
2015–3637; Directorate Identifier 2014– Boeing Alert Service Bulletin MD11–28A148, (2) You must use this service information
NM–219–AD. Revision 1, dated March 24, 2017. as applicable to do the actions required by
(i) Check for the presence of fuel at the fuel this AD, unless the AD specifies otherwise.
(a) Effective Date shroud drain valves. (i) Boeing Alert Service Bulletin MD11–
This AD is effective August 21, 2017. (ii) Do a pressure test of the drain system 28A148, Revision 1, dated March 24, 2017.
of the tail tank fuel shroud and a pressure (ii) Reserved.
(b) Affected ADs test of the drain system of the aft fuselage (3) For Boeing service information
None. fuel shroud to determine if there is cracking. identified in this AD, contact Boeing
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![32632 Federal Register / Vol. 82, No. 135 / Monday, July 17, 2017 / Rules and Regulations
Commercial Airplanes, Attention: Data & email LT Ryan Junod, Chief of Lake Erie Open Water Swim is
Services Management, 3855 Lakewood Waterways Management, U.S. Coast happening.
Boulevard, MC D800–0019, Long Beach, CA Guard Marine Safety Unit Cleveland;
90846–0001; telephone 206–544–5000, IV. Discussion of the Rule
telephone 216–937–0124, email
extension 2; fax 206–766–5683; Internet
https://www.myboeingfleet.com.
ryan.s.junod@uscg.mil. This rule establishes a safety zone
(4) You may view this service information SUPPLEMENTARY INFORMATION:
from 6:45 a.m. through 10:15 a.m. on
at the FAA, Transport Airplane Directorate, July 15, 2017. The safety zone will
1601 Lind Avenue SW., Renton, WA. For I. Table of Abbreviations encompass all waters of Lake Erie,
information on the availability of this CFR Code of Federal Regulations Cleveland, OH south of a line drawn
material at the FAA, call 425–227–1221. DHS Department of Homeland Security between positions 41°29′30″ N.,
(5) You may view this service information FR Federal Register 081°44′21″ W. and 41°29′21″ N.,
that is incorporated by reference at the NPRM Notice of proposed rulemaking 081°45′04″ W. (NAD 83) to the shore. No
National Archives and Records § Section vessel or person will be permitted to
Administration (NARA). For information on U.S.C. United States Code
the availability of this material at NARA, call enter the safety zone without obtaining
202–741–6030, or go to: http:// II. Background Information and permission from the COTP or a
www.archives.gov/federal-register/cfr/ibr- Regulatory History designated representative. The Captain
locations.html. of the Port or his designated
The Coast Guard is issuing this representative may be contacted via
Issued in Renton, Washington, on June 29,
2017.
temporary rule without prior notice and VHF Channel 16.
opportunity to comment pursuant to
Michael Kaszycki, V. Regulatory Analyses
authority under section 4(a) of the
Acting Manager, Transport Airplane Administrative Procedure Act (APA) (5
Directorate, Aircraft Certification Service. We developed this rule after
U.S.C. 553(b)). This provision considering numerous statutes and
[FR Doc. 2017–14470 Filed 7–14–17; 8:45 am]
authorizes an agency to issue a rule Executive Orders related to rulemaking.
BILLING CODE 4910–13–P without prior notice and opportunity to Below we summarize our analyses
comment when the agency for good based on a number of these statutes and
cause finds that those procedures are Executive Orders, and we discuss First
DEPARTMENT OF HOMELAND impracticable, unnecessary, or contrary Amendment rights of protestors.
SECURITY to the public interest. Under 5 U.S.C.
553(b)(B), the Coast Guard finds that A. Regulatory Planning and Review
Coast Guard good cause exists for not publishing a Executive Orders 12866 and 13563
notice of proposed rulemaking (NPRM) direct agencies to assess the costs and
33 CFR Part 165 with respect to this rule because the benefits of available regulatory
[Docket Number USCG–2017–0675] event sponsor did not submit notice to alternatives and, if regulation is
the Coast Guard with sufficient time necessary, to select regulatory
RIN 1625–AA00
remaining before the event to publish an approaches that maximize net benefits.
Safety Zone; 28th Annual Lake Erie NPRM. Delaying the effective date of Executive Order 13771 directs agencies
Open Water Swim; Lake Erie, this rule to wait for a comment period to control regulatory costs through a
Cleveland, OH to run would be impracticable and budgeting process. This rule has not
contrary to the public interest by been designated a ‘‘significant
AGENCY: Coast Guard, DHS. inhibiting the Coast Guard’s ability to regulatory action,’’ under Executive
ACTION: Temporary final rule. protect event participants from the Order 12866. Accordingly, this rule has
hazards associated with an open water not been reviewed by the Office of
SUMMARY: The Coast Guard is swim. Management and Budget (OMB), and
establishing a temporary safety zone for
Under 5 U.S.C. 553(d)(3), the Coast pursuant to OMB guidance it is exempt
certain waters of Lake Erie. This safety
Guard finds that good cause exists for from the requirements of Executive
zone is intended to restrict vessels from
making this temporary rule effective less Order 13771.
a portion of Lake Erie during the 28th
than 30 days after publication in the We conclude that this rule is not a
Annual Lake Erie Open Water Swim.
Federal Register because doing so significant regulatory action because we
This temporary safety zone is necessary
would be impracticable and contrary to anticipate that it will have minimal
to protect swimmers from vessels
the public interest. Delaying the impact on the economy, will not
operating in the area. Entry of vessels or
effective date would be contrary to the interfere with other agencies, will not
persons into this zone is prohibited
rule’s objectives of ensuring safety of adversely alter the budget of any grant
unless specifically authorized by the
life on the navigable waters and or loan recipients, and will not raise any
Captain of the Port Buffalo.
protection of persons and vessels near novel legal or policy issues. The safety
DATES: This rule is effective from 6:45
the event. zone created by this rule will be
a.m. through 10:15 a.m. on July 15,
III. Legal Authority and Need for Rule relatively small and enforced for a
2017.
relatively short time. Also, the safety
ADDRESSES: To view documents The Coast Guard is issuing this rule zone is designed to minimize its impact
mentioned in this preamble as being under authority in 33 U.S.C. 1231. The on navigable waters. Furthermore, the
available in the docket, go to http:// Captain of the Port Buffalo (COTP) has safety zone has been designed to allow
jstallworth on DSK7TPTVN1PROD with RULES
www.regulations.gov, type USCG–2017– determined that a large scale swimming vessels to transit around it. Thus,
0675 in the ‘‘SEARCH’’ box and click event on a navigable waterway will pose restrictions on vessel movement within
‘‘SEARCH.’’ Click on Open Docket a significant risk to participants and the that particular area are expected to be
Folder on the line associated with this boating public. This rule is needed to minimal. Under certain conditions,
rule. protect personnel, vessels, and the moreover, vessels may still transit
FOR FURTHER INFORMATION CONTACT: If marine environment in the navigable through the safety zone when permitted
you have questions on this rule, call or waters within the safety zone while the by the Captain of the Port.
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Document Created: 2017-07-15 03:46:13
Document Modified: 2017-07-15 03:46:13
| 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 August 21, 2017. | |
| Contact | Serj Harutunian, Aerospace Engineer, Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification Office (ACO), 3960 Paramount Boulevard, Lakewood, CA 90712-4137; telephone: 562-627-5254; fax: 562-627-5210; email: [email protected] | |
| FR Citation | 82 FR 32629 | |
| RIN Number | 2120-AA64 | |
| CFR Associated | Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety |
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