82_FR_37708 82 FR 37554 - Airworthiness Directives; The Boeing Company Airplanes

82 FR 37554 - Airworthiness Directives; The Boeing Company Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 82, Issue 154 (August 11, 2017)

Page Range37554-37555
FR Document2017-16775

The FAA withdraws a notice of proposed rulemaking (NPRM) that published on May 10, 2016. Since the NPRM was issued, we have determined that the identified unsafe condition is adequately addressed by existing actions. Accordingly, the NPRM is withdrawn.

Federal Register, Volume 82 Issue 154 (Friday, August 11, 2017) 
[Federal Register Volume 82, Number 154 (Friday, August 11, 2017)]
[Proposed Rules]
[Pages 37554-37555]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16775]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-6417; Product Identifier 2015-NM-134-AD]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Proposed rule; withdrawal.

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SUMMARY: The FAA withdraws a notice of proposed rulemaking (NPRM) that 
published on May 10, 2016. Since the NPRM was issued, we have 
determined that the identified unsafe condition is adequately addressed 
by existing actions. Accordingly, the NPRM is withdrawn.

DATES:  As of August 11, 2017, the proposed rule, which was published 
in the Federal Register on May 10, 2016 (81 FR 28770), is withdrawn.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
6417; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this AD action, the NPRM (81 FR 28770, May 10, 2016) (``the 
NPRM''), the regulatory evaluation, any comments received, and other 
information. The address for the Docket Office (telephone 800-647-5527) 
is the 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 Section, FAA, Los Angeles Aircraft Certification Office 
(ACO) Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 
562-627-5254; fax: 562-627-5210; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    We proposed to amend part 39 of the Federal Aviation Regulations 
(14 CFR part 39) with an NPRM for a new AD for all The Boeing Company 
Model DC-10-10 and DC-10-10F airplanes, Model DC-10-15 airplanes, Model 
DC-10-30 and DC-10-30F (KC-10A and KDC-10) airplanes, Model DC-10-40 
and DC-10-40F airplanes, Model MD-10-10F and MD-10-30F airplanes, and 
Model MD-11 and MD-11F airplanes. The NPRM published in the Federal 
Register on May 10, 2016 (81 FR 28770). The proposed AD would have 
required replacement of the fuel pump housing electrical connector or 
replacement of the fuel pump housing; repetitive inspections for proper 
operation of the fuel pump, and corrective actions if necessary; and 
revising the maintenance or inspection program to incorporate new 
airworthiness limitations. The proposed AD also would have required, 
for certain airplanes, a general visual inspection of the protective 
cap and replacement if necessary. The NPRM was prompted by results from 
fuel system reviews conducted by the manufacturer and multiple reports 
of fuel pump housing electrical connector failures related to ingress 
of airplane fluids. The proposed actions were intended to prevent 
failure of the fuel pump housing electrical connector, which could 
result in a potential ignition source in a fuel tank and consequent 
fire or explosion.

Actions Since the NPRM Was Issued

    Since we issued the NPRM, we have determined that the identified 
unsafe condition is adequately addressed by existing actions.

Comments

    We gave the public the opportunity to participate in considering 
the NPRM. The following presents the comments received on the proposal 
and the FAA's response to each comment. Multiple commenters (Boeing, 
FedEx, United Parcel Service (UPS), and Lufthansa Cargo) requested 
certain changes to the NPRM that are considered moot in light of this 
withdrawal.

Requests To Withdraw the NPRM

    UPS stated that the unsafe condition identified in the NPRM is 
addressed by Boeing Service Bulletin MD11-28-145, dated July 15, 2014 
(installation of sealed terminal lugs on the existing GEN 1 fuel pump 
connector), in combination with repetitive inspections, which 
accomplishes the same intent as having installed the GEN 4 fuel pump 
connector. UPS stated that AD 2016-04-16, Amendment 39-18410 (81 FR 
12806, dated March 11, 2016) (``AD 2016-04-16''), also addresses issues 
with the fuel system. UPS concluded that sealing of the current GEN 1 
fuel pump connector via Boeing Service Bulletin MD11-28-145, dated July 
15, 2014, in conjunction with the installation of the fault current 
detectors installed via Boeing Alert Service Bulletin MD11-28A133, 
dated June 5, 2014 (referenced as an appropriate source of service 
information in AD 2016-04-16), including a repetitive 24-month 
inspection of the connectors as required by paragraph (j) of AD 2016-
04-16, addresses the unsafe condition described by the NPRM. UPS stated 
that, furthermore, the installation of the ``uncommanded on'' system 
via Boeing Service Bulletin MD11-28-137, dated June 24, 2014 
(referenced as an appropriate source of service information in AD 2016-
04-16), provides an additional level of safety in all pump positions 
where the tanks normally empty and can potentially support a 
combustible environment. UPS stated that the other pump positions on 
the airplane remain submerged in fuel, thus not providing a combustible 
environment.
    FedEx stated that according to the fire pyramid or fire triangle, 
three elements--oxygen, fuel (jet fuel), and heat (ignition)--are 
needed in order to have fire or explosion. FedEx noted that all of the 
main fuel pumps on MD11/DC10 airplanes are covered by fuel during all 
flight phases. FedEx stated that these pumps do not meet the 
aforementioned condition where fuel vapors are present surrounding the 
pump. FedEx remarked that only pumps in fuel tanks that become empty 
during flights, i.e., auxiliary tanks and tail tanks, should be 
affected by the proposed AD. Based on this logic, FedEx concluded that 
the proposed AD should mandate the replacement of only the connector 
assemblies in any fuel tank that might normally be empty during flight. 
FedEx noted that AD 2016-04-16 has already addressed this safety 
concern and required the installation of fault current detectors in all 
fuel pumps. FedEx also noted that AD 2002-13-10, Amendment 39-12798 (67 
FR 45053, dated July 8, 2002), requires repetitive inspections until a 
new connector assembly is certified.
    We infer that FedEx and UPS are requesting we withdraw the NRPM 
because those commenters stated that the identified unsafe condition is 
already addressed.
    We agree to withdraw the NPRM because the identified unsafe 
condition is adequately addressed by existing actions. When we issued 
the NPRM, we

[[Page 37555]]

had determined that the NPRM was necessary to comply with the 
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, and subsequent Amendments 21-82 and 21-83).
    Subsequently, we have determined the fuel pump connector redesign/
improvement issue is adequately addressed by the actions required by AD 
2016-04-16. The risk of the unsafe condition developing during the 
remaining life of the airplanes identified in the applicability of the 
proposed AD (e.g., the TriJet fleet) has been greatly reduced by the 
installation of additional ignition prevention design features such as 
fault current detectors, automatic pump shutoff, and uncommanded dry 
running detection systems, which are mandated by AD 2016-04-16. The 
risk of a fuel tank explosion in a Trijet airplane with low 
flammability exposure time fuel tanks is not foreseeable.
    We are considering further rulemaking to revise AD 2016-04-16 to 
include an optional replacement, i.e., installing the new connectors 
introduced in Boeing Service Bulletin DC10-28-264, dated May 15, 2015, 
and Boeing Service Bulletin MD11-28-146, dated May 15, 2015, as 
specified in the NPRM. Accomplishing this option would end the 24-month 
repetitive inspections required by paragraph (j) of AD 2016-04-16 for 
that airplane.

FAA's Conclusions

    Upon further consideration, we have determined that the NPRM is not 
necessary to address the identified safety concern. Accordingly, the 
NPRM is withdrawn.
    Withdrawal of the NPRM does not preclude the FAA from issuing 
another related action or commit the FAA to any course of action in the 
future.

Regulatory Impact

    Since this action only withdraws an NPRM, it is neither a proposed 
nor a final rule and therefore is not covered under Executive Order 
12866, the Regulatory Flexibility Act, or DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979).

Authority for This Rulemaking

    This withdrawal of an NPRM is issued in accordance with authority 
delegated by the Executive Director, Aircraft Certification Service, as 
authorized by FAA Order 8000.51C. In accordance with that order, 
issuance of ADs is normally a function of the Compliance and 
Airworthiness Division, but during this transition period, the 
Executive Director has delegated the authority to issue ADs applicable 
to transport category airplanes to the Director of the System Oversight 
Division.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Withdrawal

    Accordingly, we withdraw the NPRM, Docket No. FAA-2016-6417, 
Product Identifier 2015-NM-134-AD, which was published in the Federal 
Register on May 10, 2016 (81 FR 28770).

    Issued in Renton, Washington, on August 2, 2017.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2017-16775 Filed 8-10-17; 8:45 am]
 BILLING CODE 4910-13-P

37554 Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / Proposed Rules Issued in Renton, Washington, on July 26, Discussion 12806, dated March 11, 2016) (‘‘AD 2017. 2016–04–16’’), also addresses issues We proposed to amend part 39 of the Jeffrey E. Duven, with the fuel system. UPS concluded Federal Aviation Regulations (14 CFR Director, System Oversight Division, Aircraft part 39) with an NPRM for a new AD for that sealing of the current GEN 1 fuel Certification Service. all The Boeing Company Model DC–10– pump connector via Boeing Service [FR Doc. 2017–16357 Filed 8–10–17; 8:45 am] 10 and DC–10–10F airplanes, Model Bulletin MD11–28–145, dated July 15, BILLING CODE 4910–13–P DC–10–15 airplanes, Model DC–10–30 2014, in conjunction with the and DC–10–30F (KC–10A and KDC–10) installation of the fault current detectors airplanes, Model DC–10–40 and DC–10– installed via Boeing Alert Service DEPARTMENT OF TRANSPORTATION 40F airplanes, Model MD–10–10F and Bulletin MD11–28A133, dated June 5, MD–10–30F airplanes, and Model MD– 2014 (referenced as an appropriate Federal Aviation Administration source of service information in AD 11 and MD–11F airplanes. The NPRM published in the Federal Register on 2016–04–16), including a repetitive 24- 14 CFR Part 39 month inspection of the connectors as May 10, 2016 (81 FR 28770). The proposed AD would have required required by paragraph (j) of AD 2016– [Docket No. FAA–2016–6417; Product Identifier 2015–NM–134–AD] replacement of the fuel pump housing 04–16, addresses the unsafe condition electrical connector or replacement of described by the NPRM. UPS stated RIN 2120–AA64 the fuel pump housing; repetitive that, furthermore, the installation of the inspections for proper operation of the ‘‘uncommanded on’’ system via Boeing Airworthiness Directives; The Boeing Service Bulletin MD11–28–137, dated fuel pump, and corrective actions if Company Airplanes June 24, 2014 (referenced as an necessary; and revising the maintenance or inspection program to incorporate appropriate source of service AGENCY: Federal Aviation new airworthiness limitations. The information in AD 2016–04–16), Administration (FAA), Department of proposed AD also would have required, provides an additional level of safety in Transportation (DOT). for certain airplanes, a general visual all pump positions where the tanks ACTION: Proposed rule; withdrawal. normally empty and can potentially inspection of the protective cap and replacement if necessary. The NPRM support a combustible environment. SUMMARY: The FAA withdraws a notice was prompted by results from fuel UPS stated that the other pump of proposed rulemaking (NPRM) that system reviews conducted by the positions on the airplane remain published on May 10, 2016. Since the manufacturer and multiple reports of submerged in fuel, thus not providing a NPRM was issued, we have determined fuel pump housing electrical connector combustible environment. that the identified unsafe condition is FedEx stated that according to the fire adequately addressed by existing failures related to ingress of airplane fluids. The proposed actions were pyramid or fire triangle, three actions. Accordingly, the NPRM is elements—oxygen, fuel (jet fuel), and withdrawn. intended to prevent failure of the fuel pump housing electrical connector, heat (ignition)—are needed in order to DATES: As of August 11, 2017, the which could result in a potential have fire or explosion. FedEx noted that proposed rule, which was published in ignition source in a fuel tank and all of the main fuel pumps on MD11/ the Federal Register on May 10, 2016 consequent fire or explosion. DC10 airplanes are covered by fuel (81 FR 28770), is withdrawn. during all flight phases. FedEx stated ADDRESSES: You may examine the AD Actions Since the NPRM Was Issued that these pumps do not meet the docket on the Internet at http:// Since we issued the NPRM, we have aforementioned condition where fuel www.regulations.gov by searching for determined that the identified unsafe vapors are present surrounding the and locating Docket No. FAA–2016– condition is adequately addressed by pump. FedEx remarked that only pumps 6417; or in person at the Docket existing actions. in fuel tanks that become empty during Management Facility between 9 a.m. flights, i.e., auxiliary tanks and tail Comments tanks, should be affected by the and 5 p.m., Monday through Friday, except Federal holidays. The AD docket We gave the public the opportunity to proposed AD. Based on this logic, contains this AD action, the NPRM (81 participate in considering the NPRM. FedEx concluded that the proposed AD FR 28770, May 10, 2016) (‘‘the NPRM’’), The following presents the comments should mandate the replacement of only the regulatory evaluation, any received on the proposal and the FAA’s the connector assemblies in any fuel comments received, and other response to each comment. Multiple tank that might normally be empty information. The address for the Docket commenters (Boeing, FedEx, United during flight. FedEx noted that AD Office (telephone 800–647–5527) is the Parcel Service (UPS), and Lufthansa 2016–04–16 has already addressed this Docket Management Facility, U.S. Cargo) requested certain changes to the safety concern and required the Department of Transportation, Docket NPRM that are considered moot in light installation of fault current detectors in Operations, M–30, West Building of this withdrawal. all fuel pumps. FedEx also noted that Ground Floor, Room W12–140, 1200 AD 2002–13–10, Amendment 39–12798 Requests To Withdraw the NPRM (67 FR 45053, dated July 8, 2002), New Jersey Avenue SE., Washington, UPS stated that the unsafe condition DC 20590. requires repetitive inspections until a identified in the NPRM is addressed by asabaliauskas on DSKBBXCHB2PROD with PROPOSALS new connector assembly is certified. FOR FURTHER INFORMATION CONTACT: Serj Boeing Service Bulletin MD11–28–145, We infer that FedEx and UPS are Harutunian, Aerospace Engineer, dated July 15, 2014 (installation of requesting we withdraw the NRPM Propulsion Section, FAA, Los Angeles sealed terminal lugs on the existing GEN because those commenters stated that Aircraft Certification Office (ACO) 1 fuel pump connector), in combination the identified unsafe condition is Branch, 3960 Paramount Boulevard, with repetitive inspections, which already addressed. Lakewood, CA 90712–4137; phone: accomplishes the same intent as having We agree to withdraw the NPRM 562–627–5254; fax: 562–627–5210; installed the GEN 4 fuel pump because the identified unsafe condition email: serj.harutunian@faa.gov. connector. UPS stated that AD 2016–04– is adequately addressed by existing SUPPLEMENTARY INFORMATION: 16, Amendment 39–18410 (81 FR actions. When we issued the NPRM, we VerDate Sep<11>2014 16:30 Aug 10, 2017 Jkt 241001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\11AUP1.SGM 11AUP1

Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / Proposed Rules 37555 had determined that the NPRM was delegated by the Executive Director, once. In addition, please include the necessary to comply with the regulation Aircraft Certification Service, as Docket ID at the top of your comments. titled ‘‘Transport Airplane Fuel Tank authorized by FAA Order 8000.51C. In Federal eRulemaking Portal: Go to System Design Review, Flammability accordance with that order, issuance of www.regulations.gov to submit your Reduction and Maintenance and ADs is normally a function of the comments electronically. Information Inspection Requirements’’ (66 FR 23086, Compliance and Airworthiness on using Regulations.gov, including May 7, 2001). In addition to new Division, but during this transition instructions for accessing agency airworthiness standards for transport period, the Executive Director has documents, submitting comments, and airplanes and new maintenance delegated the authority to issue ADs viewing the docket, is available on the requirements, this rule included Special applicable to transport category site under the ‘‘Help’’ tab. Federal Aviation Regulation No. 88 airplanes to the Director of the System Postal Mail, Commercial Delivery, or (‘‘SFAR 88,’’ Amendment 21–78, and Oversight Division. Hand Delivery: The Department strongly subsequent Amendments 21–82 and 21– encourages commenters to submit their List of Subjects in 14 CFR Part 39 comments electronically. However, if 83). Subsequently, we have determined Air transportation, Aircraft, Aviation you mail or deliver your comments in the fuel pump connector redesign/ safety, Incorporation by reference, response to this request, address them to improvement issue is adequately Safety. Hilary Malawer, 400 Maryland Avenue addressed by the actions required by AD SW., Room 6E231, Washington, DC The Withdrawal 2016–04–16. The risk of the unsafe 20202. condition developing during the Accordingly, we withdraw the NPRM, Privacy Note: The Department’s remaining life of the airplanes identified Docket No. FAA–2016–6417, Product policy is to make all comments received in the applicability of the proposed AD Identifier 2015–NM–134–AD, which from members of the public available for (e.g., the TriJet fleet) has been greatly was published in the Federal Register public viewing in their entirety on the reduced by the installation of additional on May 10, 2016 (81 FR 28770). Federal eRulemaking Portal at ignition prevention design features such Issued in Renton, Washington, on August www.regulations.gov. Therefore, as fault current detectors, automatic 2, 2017. commenters should be careful to pump shutoff, and uncommanded dry Jeffrey E. Duven, include in their comments only running detection systems, which are Director, System Oversight Division, Aircraft information that they wish to make mandated by AD 2016–04–16. The risk Certification Service. publicly available. of a fuel tank explosion in a Trijet [FR Doc. 2017–16775 Filed 8–10–17; 8:45 am] FOR FURTHER INFORMATION CONTACT: For airplane with low flammability BILLING CODE 4910–13–P further information on this document, exposure time fuel tanks is not please contact Hilary Malawer, foreseeable. Assistant General Counsel, Office of the We are considering further General Counsel, U.S. Department of DEPARTMENT OF EDUCATION rulemaking to revise AD 2016–04–16 to Education, 400 Maryland Avenue SW., include an optional replacement, i.e., 34 CFR Subtitle A and Chapters I Room 6E231, Washington, DC 20202. installing the new connectors Through VII Telephone: (202) 401–6148 or by email: introduced in Boeing Service Bulletin Hilary.Malawer@ed.gov. DC10–28–264, dated May 15, 2015, and [Docket ID: ED–2017–OS–0074] If you use a telecommunications Boeing Service Bulletin MD11–28–146, device for the deaf (TDD) or a text Evaluation of Existing Regulations dated May 15, 2015, as specified in the telephone (TTY), call the Federal Relay NPRM. Accomplishing this option AGENCY: Office of the Secretary, Service (FRS), toll free, at 1–800–877– would end the 24-month repetitive Department of Education. 8339. inspections required by paragraph (j) of ACTION: Request for comments; SUPPLEMENTARY INFORMATION: On June AD 2016–04–16 for that airplane. extension of comment period. 22, 2017, in accordance with Executive FAA’s Conclusions Order 13777, ‘‘Enforcing the Regulatory SUMMARY: On June 22, 2017, we Upon further consideration, we have Reform Agenda,’’ we published in the published in the Federal Register a determined that the NPRM is not Federal Register a request for input on request for input on regulations that necessary to address the identified regulations that may be appropriate for may be appropriate for repeal, safety concern. Accordingly, the NPRM repeal, replacement, or modification (82 replacement, or modification. That is withdrawn. FR 28431). That request established a request established a 60-day comment Withdrawal of the NPRM does not 60-day comment period beginning on period beginning on June 22, 2017, and preclude the FAA from issuing another June 22, 2017, and closing on August closing on August 21, 2017. We are related action or commit the FAA to any 21, 2017. To ensure that all interested extending the public comment period course of action in the future. parties are provided ample time and for 30 days, until September 20, 2017. opportunity to submit comments, we are Regulatory Impact DATES: The comment period for the extending the public comment period Since this action only withdraws an request for comments published on June for an additional 30 days. Written 22, 2017 (82 FR 28431), is extended. We comments must be submitted to us no asabaliauskas on DSKBBXCHB2PROD with PROPOSALS NPRM, it is neither a proposed nor a final rule and therefore is not covered must receive your comments on or later than September 20, 2017. under Executive Order 12866, the before September 20, 2017. Accessible Format: Individuals with Regulatory Flexibility Act, or DOT ADDRESSES: Submit your comments disabilities can obtain this document in Regulatory Policies and Procedures (44 through the Federal eRulemaking Portal an accessible format (e.g., Braille, large FR 11034, February 26, 1979). or via postal mail, commercial delivery, print, audiotape, or compact disc) on or hand delivery. We will not accept request to the person listed under FOR Authority for This Rulemaking comments by fax or email. To ensure FURTHER INFORMATION CONTACT. This withdrawal of an NPRM is that we do not receive duplicate copies, Electronic Access to This Document: issued in accordance with authority please submit your comments only The official version of this document is VerDate Sep<11>2014 16:30 Aug 10, 2017 Jkt 241001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\11AUP1.SGM 11AUP1


Document Created: 2018-10-24 11:48:01
Document Modified: 2018-10-24 11:48:01
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; withdrawal.
DatesAs of August 11, 2017, the proposed rule, which was published in the Federal Register on May 10, 2016 (81 FR 28770), is withdrawn.
ContactSerj Harutunian, Aerospace Engineer, Propulsion Section, FAA, Los Angeles Aircraft Certification Office (ACO) Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5254; fax: 562-627-5210; email: [email protected]
FR Citation82 FR 37554 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety
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