82 FR 39062 - Airworthiness Directives; The Boeing Company Airplanes
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 82, Issue 158 (August 17, 2017)
Federal Aviation Administration
Federal Register Volume 82, Issue 158 (August 17, 2017)
| Page Range | 39062-39065 | |
| FR Document | 2017-16560 |
[Federal Register Volume 82, Number 158 (Thursday, August 17, 2017)] [Proposed Rules] [Pages 39062-39065] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-16560] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-0770; Product Identifier 2017-NM-030-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 supersede Airworthiness Directive (AD) 2014-03- [[Page 39063]] 07, which applies to certain The Boeing Company Model MD-11 and MD-11F airplanes. AD 2014-03-07 requires inspecting certain locations of the wire bundles of the center upper auxiliary fuel tank for damage, and corrective action if necessary. AD 2014-03-07 also requires installing nonmetallic barrier/shield sleeving, new clamps, new attaching hardware, and a new extruded channel. Since we issued AD 2014-03-07, we determined that it is necessary to require an inspection of the wire bundles for damage at additional center upper auxiliary fuel tank locations on certain airplanes. This proposed AD would add that inspection and expand the applicability. We are proposing this AD to address the unsafe condition on these products. DATES: We must receive comments on this proposed AD by October 2, 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 Standards Branch, 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-2017-0770. 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-2017- 0770; 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: Samuel Lee, Aerospace Engineer, Propulsion Section, FAA, Los Angeles ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5262; 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-2017-0770; Product Identifier 2017-NM-030-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 On January 21, 2014, we issued AD 2014-03-07, Amendment 39-17744 (79 FR 9392, February 19, 2014) (``AD 2014-03-07''), for certain The Boeing Company Model MD-11 and MD-11F airplanes. AD 2014-03-07 superseded AD 2009-26-16, Amendment 39-16155 (74 FR 69249, December 31, 2009). AD 2014-03-07 requires inspecting certain locations of the wire bundles of the center upper auxiliary fuel tank for damage, and corrective action if necessary. AD 2014-03-07 also requires installing nonmetallic barrier/shield sleeving, new clamps, new attaching hardware, and a new extruded channel. AD 2014-03-07 resulted from reports that identified additional locations where inspections and corrective actions of the center upper auxiliary fuel tank are needed. We issued AD 2014-03-07 to reduce the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane. Actions Since AD 2014-03-07 Was Issued Since we issued AD 2014-03-07, we determined that, for certain airplanes, it is necessary to inspect the wire bundles at additional center upper auxiliary fuel tank locations for damage. We have also expanded the applicability to add one airplane (Line Number 579) that is also affected by the identified unsafe condition. Related Service Information Under 1 CFR Part 51 We reviewed Boeing Service Bulletin MD11-28-126, Revision 6, dated July 1, 2016. This service information describes procedures for inspecting certain wire bundles of the center auxiliary fuel tank for damage, and repairing or replacing damaged wires. This service information also describes procedures for installing barrier/shield sleeving, clamping, and an extruded channel. 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 retain all requirements of AD 2014-03-07. This proposed AD would add inspection requirements for certain airplanes and expand the applicability. This proposed AD would require accomplishing the actions specified in the service information described previously, except as discussed under ``Difference between this Proposed AD and Service Information.'' 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-2017- 0770. Difference Between This Proposed AD and Service Information Boeing Service Bulletin MD11-28-126, Revision 6, dated July 1, 2016, specifies to contact the manufacturer for certain instructions, but this proposed AD would require using repair methods, modification deviations, and alteration deviations in one of the following ways: In accordance with a method that we approve; or Using data that meet the certification basis of the airplane, and [[Page 39064]] that have been approved by the Boeing Commercial Airplanes Organization Designation Authorization (ODA) whom we have authorized to make those findings. Costs of Compliance We estimate that this proposed AD affects 125 airplanes of U.S. registry. We estimate the following costs to comply with this proposed AD: Estimated Costs ---------------------------------------------------------------------------------------------------------------- Cost on U.S. Action Labor cost Parts cost Cost per product operators ---------------------------------------------------------------------------------------------------------------- Inspection/installation [retained 168 to 182 work- $15,708 to $29,988 to $43,475 $3,748,500 to actions from AD 2009-26-16, hours x $85 per $28,005 per inspection $5,434,375 per Amendment 39-16155 (74 FR 69249, hour = $14,280 to cycle. inspection cycle. December 31, 2009)]. $15,470 per inspection cycle. Inspection/installation for Up to 9 work-hours $6,166 Up to $6,931....... Up to $866,375. Groups 1, 2, and 5, all x $85 per hour = Configuration 2 airplanes $765. (retained actions from AD 2014[dash]03[dash]07). Inspection/installation for Up to 4 work-hours $0 Up to $340......... Up to $42,500. Groups 1, 2, and 5, all x $85 per hour = Configuration 2 airplanes (new $340. proposed action). Inspection/installation for Line 4 work-hours x $85 $28,005 $340............... $28,345. Number 579 (new proposed action). per hour = $340. ---------------------------------------------------------------------------------------------------------------- We have received no definitive data that would enable us to provide cost estimates for the on-condition actions specified in this proposed AD. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, ``General requirements.'' Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. This proposed AD 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. Regulatory Findings We have 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 that the 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 removing Airworthiness Directive (AD) 2014-03-07, Amendment 39-17744 (79 FR 9392, February 19, 2014), and adding the following new AD: The Boeing Company: Docket No. FAA-2017-0770; Product Identifier 2017-NM-030-AD. (a) Comments Due Date The FAA must receive comments on this AD action by October 2, 2017. (b) Affected ADs This AD replaces AD 2014-03-07, Amendment 39-17744 (79 FR 9392, February 19, 2014) (``AD 2014-03-07''). (c) Applicability This AD applies to The Boeing Company Model MD-11 and MD-11F airplanes, certificated in any category, as identified in Boeing Service Bulletin MD11-28-126, Revision 6, dated July 1, 2016. (d) Subject Air Transport Association (ATA) of America Code 28, Fuel. (e) Unsafe Condition This AD was prompted by fuel system reviews conducted by the manufacturer that indicated the need to inspect wire bundles at certain locations of the center upper auxiliary fuel tanks in addition to inspection locations required by AD 2014-03-07. We are issuing this AD to reduce the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. [[Page 39065]] (g) Retained Inspection and Corrective Action, With Revised Service Information This paragraph restates the requirements of paragraph (g) of AD 2014-03-07, with revised service information. For airplanes identified in Boeing Service Bulletin MD11-28-126, Revision 1, dated June 18, 2009: Within 60 months after February 4, 2010 (the effective date of AD 2009-26-16, Amendment 39-16155 (74 FR 69249, December 31, 2009)), do the actions specified in paragraphs (g)(1) through (g)(5) of this AD, and do all applicable corrective actions, in accordance with the Accomplishment Instructions of Boeing Service Bulletin MD11-28-126, Revision 1, dated June 18, 2009; Revision 4, dated November 29, 2011; or Revision 6, dated July 1, 2016; except as required by paragraph (k) of this AD. As of the effective date of this AD, only Boeing Service Bulletin MD11-28-126, Revision 6, dated July 1, 2016, may be used. Do all applicable corrective actions before further flight. (1) Do a general visual inspection of the wire bundles between Stations 1238.950 and 1361.000 to determine if wires touch the upper surface of the center upper auxiliary fuel tank, and mark the location, as applicable. (2) Do a detailed inspection for splices and damage of all wire bundles above the center upper auxiliary fuel tank between Stations 1218.950 and 1381.000. (3) Do a detailed inspection for damage (burn marks) of the upper surface of the center upper auxiliary fuel tank. (4) Do a detailed inspection for damage (burn marks) on the fuel vapor barrier seal. (5) Install a nonmetallic barrier/shield sleeving, new clamps, new attaching hardware, and a new extruded channel. (h) Retained Additional Inspections and Corrective Action, With Revised Service Information This paragraph restates the requirements of paragraph (h) of AD 2014-03-07, with revised service information. For airplanes in Group 1, Configuration 2; Group 2, Configuration 2; and Group 5, Configuration 2; as identified in Boeing Service Bulletin MD11-28- 126, Revision 4, dated November 29, 2011: Within 60 months after March 26, 2014 (the effective date of AD 2014-03-07), do a detailed inspection of wire bundles for splices and damage (chafing, arcing, and broken insulation) and damage (burn marks) on the upper surface of the center upper auxiliary fuel tank and fuel vapor barrier seal; install barrier/shield sleeving and clamping; and do all applicable corrective actions at the applicable locations specified in paragraphs (h)(1) through (h)(3) of this AD, in accordance with the Accomplishment Instructions of Boeing Service Bulletin MD11-28-126, Revision 4, dated November 29, 2011; or Boeing Service Bulletin MD11-28-126, Revision 6, dated July 1, 2016; except as required by paragraph (k) of this AD. As of the effective date of this AD, only Boeing Service Bulletin MD11-28-126, Revision 6, dated July 1, 2016, may be used for the actions required by this paragraph. Do all applicable corrective actions before further flight. (1) For Group 1, Configuration 2 airplanes, between Stations 1238.950 and 1381.000, Stations 1238.950 and 1256.000, and Stations 1238.950 and 1256.800, depending on passenger or freighter configuration. (2) For Group 2, Configuration 2 airplanes, between Stations 1238.950 and 1275.250, and Stations 1238.950 and 1275.250, passenger configuration only. (3) For Group 5, Configuration 2 airplanes, between Stations 1381.000 and 1238.950. (i) New Inspections and Corrective Actions for Certain Airplanes For Groups 1, 2, and 5 Configuration 2 airplanes, as identified in Boeing Service Bulletin MD11-28-126, Revision 6, dated July 1, 2016: Within 60 months after the effective date of this AD, do the actions required by paragraphs (i)(1) and (i)(2) of this AD, in accordance with the Accomplishment Instructions of Boeing Service Bulletin MD11-28-126, Revision 6, dated July 1, 2016. (1) Do a general visual inspection of the wire bundles at the additional center upper auxiliary fuel tank locations to determine if wires touch the upper surface of the fuel tank, and mark the location as applicable. (2) Do a detailed inspection of the wire bundles for splices and damage on the upper surface of the center upper auxiliary fuel tank and fuel vapor barrier seal; install barrier/shield sleeving, clamping, and extruded channels, as applicable; and do all applicable corrective actions before further flight; except as required by paragraph (k) of this AD. (j) New Requirements for Line Number 579 For airplane Line Number 579: Within 60 months after the effective date of this AD, do the actions specified in paragraphs (g)(1) through (g)(5) of this AD, and do all applicable corrective actions, in accordance with the Accomplishment Instructions of Boeing Service Bulletin MD11-28-126, Revision 6, dated July 1, 2016, except as required by paragraph (k) of this AD. Do all applicable corrective actions before further flight. (k) Exception to Service Information Specifications Where Boeing Service Bulletin MD11-28-126, Revision 1, dated June 18, 2009; Boeing Service Bulletin MD11-28-126, Revision 4, dated November 29, 2011; or Boeing Service Bulletin MD11-28-126, Revision 6, dated July 1, 2016; specifies to contact The Boeing Company for repair instructions: Before further flight, repair the auxiliary fuel tank using a method approved in accordance with the procedures specified in paragraph (m) of this AD. (l) Credit for Previous Actions (1) This paragraph provides credit for actions required by paragraph (g) of this AD, if those actions were performed before March 26, 2014 (the effective date of AD 2014-03-07), using the service information specified in paragraphs (l)(1)(i) or (l)(1)(ii) of this AD. (i) Boeing Service Bulletin MD11-28-126, Revision 2, dated November 18, 2010. (ii) Boeing Service Bulletin MD11-28-126, Revision 3, dated June 3, 2011. (2) This paragraph provides credit for actions required by paragraph (h) of this AD, if those actions were performed before March 26, 2014 (the effective date of AD 2014-03-07), using Boeing Service Bulletin MD11-28-126, Revision 3, dated June 3, 2011. (m) Alternative Methods of Compliance (AMOCs) (1) The Manager, Los Angeles ACO Branch, 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 certification office, send it to the attention of the person identified in paragraph (n)(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) AMOCs approved previously for AD 2014-03-07 are approved as AMOCs for the corresponding provisions of this AD. (n) Related Information (1) For more information about this AD, contact Samuel Lee, Aerospace Engineer, Propulsion Section, FAA, Los Angeles ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627- 5262; 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 Standards Branch, 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 July 28, 2017. John P. Piccola, Jr., Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2017-16560 Filed 8-16-17; 8:45 am] BILLING CODE 4910-13-P
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responsibilities, including setting a clear action, the firm is effectively mitigating the firm can demonstrate that (i) it is making
strategy for the firm that aligns with the issues or the Federal Reserve has deemed the meaningful, sustained progress in resolving
firm’s risk tolerance; actively managing issues as unlikely to present a threat to the identified deficiencies and issues; (ii) the
information flow and board discussions; firm’s ability to maintain safe and sound proposed new or expansionary activities
holding senior management accountable for operations. would not present a risk of exacerbating
implementing the firm’s strategy and risk Satisfactory Watch current deficiencies or issues or lead to new
tolerance in an effective manner, and for concerns; and (iii) the proposed activities
maintaining the firm’s risk management and Supervisors may assign a ‘‘Satisfactory would not distract the board or senior
control framework; supporting the Watch’’ component rating, which indicates management from remediating current
independence and stature of the firm’s that governance and controls are generally deficiencies or issues.
independent risk management and internal considered sound; however certain
supervisory issues are sufficiently material Deficient-2
audit functions; and maintaining its
effectiveness by adapting its composition, that, if not resolved by the firm in a timely Deficiencies in a firm’s governance or
governance structure and practices to manner during the normal course of controls present a material threat to its safety
changes that occur over time. business, would put the firm’s prospects for and soundness, or have already put the firm
• Management of Core Business Lines and remaining safe and sound through a range of in an unsafe and unsound condition.
Independent Risk Management and Controls conditions at risk. Its practices and capabilities fall well short
The extent to which: A ‘‘Satisfactory Watch’’ rating may be of supervisory expectations, and are
Æ Senior management effectively and assigned to a firm which meets these insufficient to align strategic business
prudently manages the day-to-day operations characteristics regardless of its prior rating objectives with the firm’s risk tolerance and
of the firm and provides for ongoing (that is, it may be assigned to a firm risk management capabilities; maintain
resiliency; implements the firm’s strategy and previously rated ‘‘Satisfactory’’ or strong and independent risk management
risk tolerance; maintains an effective risk ‘‘Deficient’’). In either instance, the Federal and control functions, including internal
management framework and system of Reserve will not use the ‘‘Satisfactory Watch’’ audit; promote compliance with laws and
internal controls; and promotes prudent risk rating for a prolonged period. In most regulations; and/or otherwise provide for the
taking behaviors and business practices, instances, the firm will either (i) resolve the firm’s ongoing resiliency.
including compliance with laws and issues in a timely manner and be assigned a To address these material deficiencies, a
regulations. ‘‘Satisfactory’’ rating, or (ii) fail to resolve the firm is required to (i) implement
Æ Core business line management executes issues and be downgraded to a ‘‘Deficient’’ comprehensive corrective measures sufficient
business line activities consistent with the rating, as its inability to resolve those issues to restore and maintain appropriate
firm’s strategy and risk tolerance; identifies in a timely manner would indicate that the governance and control capabilities; and (ii)
and manages risks; and ensures an effective firm does not possess sufficient financial and demonstrate the sufficiency, credibility and
system of internal controls for its operations. operational capabilities to maintain its safety readiness of contingency planning and
Æ Independent risk management and soundness through a range of conditions. options in the event of further escalation of
effectively evaluates whether the firm’s risk The Federal Reserve will provide an financial or operational deficiencies. To
tolerance appropriately captures material expected timeframe for the firm to remediate support supervisory efforts and ensure the
risks and is consistent with the firm’s risk or mitigate each issue leading to the immediate attention of the firm’s board and
management capacity; establishes and ‘‘Satisfactory Watch’’ rating, and will closely senior management in addressing threats to
monitors risk limits that are consistent with monitor the firm’s progress. safety and soundness, there is a strong
the firm’s risk tolerance; identifies and Deficient-1 presumption that the firm will be subject to
measures the firm’s risks; and aggregates, Although a firm’s current condition is not a formal enforcement action.
assesses and reports on the firm’s risk profile considered to be materially threatened, there The Federal Reserve would be extremely
and positions. Additionally, the firm are deficiencies in a firm’s governance or unlikely to approve any proposal from a firm
demonstrates that its system of internal controls that put its prospects for remaining with a ‘‘Deficient-2’’ rating to engage in new
controls is appropriate and tested for safe and sound through a range of conditions or expansionary activities.
effectiveness. Finally, internal audit at significant risk. By order of the Board of Governors of the
effectively and independently assesses the The firm’s practices and capabilities do not Federal Reserve System, August 3, 2017.
firm’s risk management framework and meet supervisory expectations, and
internal control systems, and reports findings Margaret McCloskey Shanks,
deficiencies limit its ability to align strategic
to senior management and the firm’s audit business objectives with the firm’s risk Deputy Secretary of the Board.
committee. tolerance and risk management capabilities; [FR Doc. 2017–16736 Filed 8–16–17; 8:45 am]
• Recovery Planning (domestic LISCC maintain strong and independent risk BILLING CODE 6210–01–P
firms only): The extent to which recovery management and control functions, including
planning processes effectively identify internal audit; promote compliance with
options that provide a reasonable chance of laws and regulations; and/or otherwise
a firm being able to remedy financial provide for the firm’s ongoing resiliency DEPARTMENT OF TRANSPORTATION
weakness and restore market confidence through a range of conditions.
without extraordinary official sector support. These deficiencies require timely Federal Aviation Administration
Definitions for the Governance and Controls corrective action by the firm, focused on
Component Rating restoring and maintaining its governance and 14 CFR Part 39
control capabilities consistent with a
Satisfactory ‘‘Satisfactory’’ component rating. To support [Docket No. FAA–2017–0770; Product
A firm’s governance and control practices supervisory efforts—and ensure the Identifier 2017–NM–030–AD]
are considered sound and broadly meet immediate attention of the firm’s board and
senior management towards restoring RIN 2120–AA64
supervisory expectations. Specifically, a
firm’s practices and capabilities are sufficient financial and operational strength and
to align strategic business objectives with the resilience as necessary to maintain the firm’s Airworthiness Directives; The Boeing
sradovich on DSK3GMQ082PROD with PROPOSALS
firm’s risk tolerance and risk management safety and soundness through a range of Company Airplanes
capabilities; maintain strong and conditions—there is a strong presumption
AGENCY: Federal Aviation
independent risk management and control that the firm will be subject to an informal
functions, including internal audit; promote or formal enforcement action by the Federal Administration (FAA), DOT.
compliance with laws and regulations; and Reserve. ACTION: Notice of proposed rulemaking
otherwise provide for the firm’s ongoing A ‘‘Deficient-1’’ component rating could be (NPRM).
resiliency through a range of conditions. a barrier for a firm seeking the Federal
Although a firm rated ‘‘Satisfactory’’ may Reserve’s approval of a proposal to engage in SUMMARY: We propose to supersede
have supervisory issues requiring corrective new or expansionary activities, unless the Airworthiness Directive (AD) 2014–03–
VerDate Sep<11>2014 17:29 Aug 16, 2017 Jkt 241001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\17AUP1.SGM 17AUP1](https://thefederalregister.org/doc/82_FR_39220/page/1.svg)
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that have been approved by the Boeing Costs of Compliance estimate the following costs to comply
Commercial Airplanes Organization with this proposed AD:
Designation Authorization (ODA) whom We estimate that this proposed AD
we have authorized to make those affects 125 airplanes of U.S. registry. We
findings.
ESTIMATED COSTS
Cost per
Action Labor cost Parts cost Cost on U.S. operators
product
Inspection/installation [retained actions 168 to 182 work-hours × $15,708 to $29,988 to $43,475 per in- $3,748,500 to $5,434,375
from AD 2009–26–16, Amendment $85 per hour = $14,280 $28,005 spection cycle. per inspection cycle.
39–16155 (74 FR 69249, December to $15,470 per inspec-
31, 2009)]. tion cycle.
Inspection/installation for Groups 1, 2, Up to 9 work-hours × $85 $6,166 Up to $6,931 ..................... Up to $866,375.
and 5, all Configuration 2 airplanes per hour = $765.
(retained actions from AD
2014-03-07).
Inspection/installation for Groups 1, 2, Up to 4 work-hours × $85 $0 Up to $340 ........................ Up to $42,500.
and 5, all Configuration 2 airplanes per hour = $340.
(new proposed action).
Inspection/installation for Line Number 4 work-hours × $85 per $28,005 $340 .................................. $28,345.
579 (new proposed action). hour = $340.
We have received no definitive data Regulatory Findings § 39.13 [Amended]
that would enable us to provide cost We have determined that this ■ 2. The FAA amends § 39.13 by
estimates for the on-condition actions proposed AD would not have federalism removing Airworthiness Directive (AD)
specified in this proposed AD. implications under Executive Order 2014–03–07, Amendment 39–17744 (79
Authority for This Rulemaking 13132. This proposed AD would not FR 9392, February 19, 2014), and adding
have a substantial direct effect on the the following new AD:
Title 49 of the United States Code States, on the relationship between the The Boeing Company: Docket No. FAA–
specifies the FAA’s authority to issue national Government and the States, or 2017–0770; Product Identifier 2017–
rules on aviation safety. Subtitle I, on the distribution of power and NM–030–AD.
Section 106, describes the authority of responsibilities among the various
levels of government. (a) Comments Due Date
the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more For the reasons discussed above, I The FAA must receive comments on this
detail the scope of the Agency’s certify that the proposed regulation: AD action by October 2, 2017.
authority. (1) Is not a ‘‘significant regulatory (b) Affected ADs
action’’ under Executive Order 12866,
We are issuing this rulemaking under (2) Is not a ‘‘significant rule’’ under This AD replaces AD 2014–03–07,
the authority described in Subtitle VII, Amendment 39–17744 (79 FR 9392, February
the DOT Regulatory Policies and 19, 2014) (‘‘AD 2014–03–07’’).
Part A, Subpart III, Section 44701, Procedures (44 FR 11034, February 26,
‘‘General requirements.’’ Under that 1979), (c) Applicability
section, Congress charges the FAA with (3) Will not affect intrastate aviation This AD applies to The Boeing Company
promoting safe flight of civil aircraft in in Alaska, and Model MD–11 and MD–11F airplanes,
air commerce by prescribing regulations (4) Will not have a significant certificated in any category, as identified in
for practices, methods, and procedures economic impact, positive or negative, Boeing Service Bulletin MD11–28–126,
the Administrator finds necessary for on a substantial number of small entities Revision 6, dated July 1, 2016.
safety in air commerce. This regulation under the criteria of the Regulatory (d) Subject
is within the scope of that authority Flexibility Act. Air Transport Association (ATA) of
because it addresses an unsafe condition America Code 28, Fuel.
List of Subjects in 14 CFR Part 39
that is likely to exist or develop on
products identified in this rulemaking Air transportation, Aircraft, Aviation (e) Unsafe Condition
action. safety, Incorporation by reference, This AD was prompted by fuel system
Safety. reviews conducted by the manufacturer that
This proposed AD is issued in indicated the need to inspect wire bundles at
accordance with authority delegated by The Proposed Amendment certain locations of the center upper auxiliary
the Executive Director, Aircraft Accordingly, under the authority fuel tanks in addition to inspection locations
Certification Service, as authorized by delegated to me by the Administrator, required by AD 2014–03–07. We are issuing
FAA Order 8000.51C. In accordance the FAA proposes to amend 14 CFR part this AD to reduce the potential of ignition
sradovich on DSK3GMQ082PROD with PROPOSALS
with that order, issuance of ADs is 39 as follows: sources inside fuel tanks, which, in
normally a function of the Compliance combination with flammable fuel vapors,
and Airworthiness Division, but during PART 39—AIRWORTHINESS could result in fuel tank explosions and
this transition period, the Executive DIRECTIVES consequent loss of the airplane.
Director has delegated the authority to (f) Compliance
issue ADs applicable to transport ■ 1. The authority citation for part 39
Comply with this AD within the
category airplanes to the Director of the continues to read as follows: compliance times specified, unless already
System Oversight Division. Authority: 49 U.S.C. 106(g), 40113, 44701. done.
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![Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Proposed Rules 39065
(g) Retained Inspection and Corrective (1) For Group 1, Configuration 2 airplanes, (2) This paragraph provides credit for
Action, With Revised Service Information between Stations 1238.950 and 1381.000, actions required by paragraph (h) of this AD,
This paragraph restates the requirements of Stations 1238.950 and 1256.000, and Stations if those actions were performed before March
paragraph (g) of AD 2014–03–07, with 1238.950 and 1256.800, depending on 26, 2014 (the effective date of AD 2014–03–
revised service information. For airplanes passenger or freighter configuration. 07), using Boeing Service Bulletin MD11–28–
identified in Boeing Service Bulletin MD11– (2) For Group 2, Configuration 2 airplanes, 126, Revision 3, dated June 3, 2011.
28–126, Revision 1, dated June 18, 2009: between Stations 1238.950 and 1275.250, and (m) Alternative Methods of Compliance
Within 60 months after February 4, 2010 (the Stations 1238.950 and 1275.250, passenger (AMOCs)
effective date of AD 2009–26–16, configuration only.
(3) For Group 5, Configuration 2 airplanes, (1) The Manager, Los Angeles ACO Branch,
Amendment 39–16155 (74 FR 69249, FAA, has the authority to approve AMOCs
December 31, 2009)), do the actions specified between Stations 1381.000 and 1238.950.
for this AD, if requested using the procedures
in paragraphs (g)(1) through (g)(5) of this AD, (i) New Inspections and Corrective Actions found in 14 CFR 39.19. In accordance with
and do all applicable corrective actions, in 14 CFR 39.19, send your request to your
for Certain Airplanes
accordance with the Accomplishment principal inspector or local Flight Standards
Instructions of Boeing Service Bulletin For Groups 1, 2, and 5 Configuration 2
airplanes, as identified in Boeing Service District Office, as appropriate. If sending
MD11–28–126, Revision 1, dated June 18, information directly to the manager of the
2009; Revision 4, dated November 29, 2011; Bulletin MD11–28–126, Revision 6, dated
certification office, send it to the attention of
or Revision 6, dated July 1, 2016; except as July 1, 2016: Within 60 months after the
the person identified in paragraph (n)(1) of
required by paragraph (k) of this AD. As of effective date of this AD, do the actions this AD. Information may be emailed to:
the effective date of this AD, only Boeing required by paragraphs (i)(1) and (i)(2) of this 9ANM-LAACO-AMOC-Requests@faa.gov.
Service Bulletin MD11–28–126, Revision 6, AD, in accordance with the Accomplishment (2) Before using any approved AMOC,
dated July 1, 2016, may be used. Do all Instructions of Boeing Service Bulletin notify your appropriate principal inspector,
applicable corrective actions before further MD11–28–126, Revision 6, dated July 1, or lacking a principal inspector, the manager
flight. 2016. of the local flight standards district office/
(1) Do a general visual inspection of the (1) Do a general visual inspection of the certificate holding district office.
wire bundles between Stations 1238.950 and wire bundles at the additional center upper (3) AMOCs approved previously for AD
1361.000 to determine if wires touch the auxiliary fuel tank locations to determine if 2014–03–07 are approved as AMOCs for the
upper surface of the center upper auxiliary wires touch the upper surface of the fuel corresponding provisions of this AD.
fuel tank, and mark the location, as tank, and mark the location as applicable.
applicable. (2) Do a detailed inspection of the wire (n) Related Information
(2) Do a detailed inspection for splices and bundles for splices and damage on the upper (1) For more information about this AD,
damage of all wire bundles above the center surface of the center upper auxiliary fuel tank contact Samuel Lee, Aerospace Engineer,
upper auxiliary fuel tank between Stations and fuel vapor barrier seal; install barrier/ Propulsion Section, FAA, Los Angeles ACO
1218.950 and 1381.000. shield sleeving, clamping, and extruded Branch, 3960 Paramount Boulevard,
(3) Do a detailed inspection for damage channels, as applicable; and do all applicable Lakewood, CA 90712–4137; phone: 562–627–
(burn marks) of the upper surface of the corrective actions before further flight; except 5262; fax: 562–627–5210; email: samuel.lee@
center upper auxiliary fuel tank. as required by paragraph (k) of this AD. faa.gov.
(4) Do a detailed inspection for damage (2) For service information identified in
(burn marks) on the fuel vapor barrier seal. (j) New Requirements for Line Number 579 this AD, contact Boeing Commercial
(5) Install a nonmetallic barrier/shield For airplane Line Number 579: Within 60 Airplanes, Attention: Contractual & Data
sleeving, new clamps, new attaching months after the effective date of this AD, do Services (C&DS), 2600 Westminster Blvd.,
hardware, and a new extruded channel. the actions specified in paragraphs (g)(1) MC 110–SK57, Seal Beach, CA 90740;
through (g)(5) of this AD, and do all telephone 562–797–1717; Internet https://
(h) Retained Additional Inspections and www.myboeingfleet.com. You may view this
applicable corrective actions, in accordance
Corrective Action, With Revised Service referenced service information at the FAA,
with the Accomplishment Instructions of
Information Transport Standards Branch, 1601 Lind
Boeing Service Bulletin MD11–28–126,
This paragraph restates the requirements of Revision 6, dated July 1, 2016, except as Avenue SW., Renton, WA. For information
paragraph (h) of AD 2014–03–07, with required by paragraph (k) of this AD. Do all on the availability of this material at the
revised service information. For airplanes in applicable corrective actions before further FAA, call 425–227–1221.
Group 1, Configuration 2; Group 2, flight. Issued in Renton, Washington, on July 28,
Configuration 2; and Group 5, Configuration 2017.
2; as identified in Boeing Service Bulletin (k) Exception to Service Information
MD11–28–126, Revision 4, dated November Specifications John P. Piccola, Jr.,
29, 2011: Within 60 months after March 26, Where Boeing Service Bulletin MD11–28– Acting Director, System Oversight Division,
2014 (the effective date of AD 2014–03–07), 126, Revision 1, dated June 18, 2009; Boeing Aircraft Certification Service.
do a detailed inspection of wire bundles for Service Bulletin MD11–28–126, Revision 4, [FR Doc. 2017–16560 Filed 8–16–17; 8:45 am]
splices and damage (chafing, arcing, and dated November 29, 2011; or Boeing Service BILLING CODE 4910–13–P
broken insulation) and damage (burn marks) Bulletin MD11–28–126, Revision 6, dated
on the upper surface of the center upper July 1, 2016; specifies to contact The Boeing
auxiliary fuel tank and fuel vapor barrier Company for repair instructions: Before DEPARTMENT OF TRANSPORTATION
seal; install barrier/shield sleeving and further flight, repair the auxiliary fuel tank
clamping; and do all applicable corrective using a method approved in accordance with Federal Aviation Administration
actions at the applicable locations specified the procedures specified in paragraph (m) of
in paragraphs (h)(1) through (h)(3) of this AD, this AD.
in accordance with the Accomplishment 14 CFR Part 71
Instructions of Boeing Service Bulletin (l) Credit for Previous Actions
[Docket No. FAA–2015–2891; Airspace
MD11–28–126, Revision 4, dated November (1) This paragraph provides credit for Docket No. 15–ANE–1]
sradovich on DSK3GMQ082PROD with PROPOSALS
29, 2011; or Boeing Service Bulletin MD11– actions required by paragraph (g) of this AD,
28–126, Revision 6, dated July 1, 2016; if those actions were performed before March Proposed Establishment of Class E
except as required by paragraph (k) of this 26, 2014 (the effective date of AD 2014–03– Airspace; Deblois, ME
AD. As of the effective date of this AD, only 07), using the service information specified
Boeing Service Bulletin MD11–28–126, in paragraphs (l)(1)(i) or (l)(1)(ii) of this AD. AGENCY: Federal Aviation
Revision 6, dated July 1, 2016, may be used (i) Boeing Service Bulletin MD11–28–126, Administration (FAA), DOT.
for the actions required by this paragraph. Do Revision 2, dated November 18, 2010. ACTION: Notice of proposed rulemaking
all applicable corrective actions before (ii) Boeing Service Bulletin MD11–28–126,
(NPRM).
further flight. Revision 3, dated June 3, 2011.
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Document Created: 2017-08-17 01:42:25
Document Modified: 2017-08-17 01:42:25
| 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 October 2, 2017. | |
| Contact | Samuel Lee, Aerospace Engineer, Propulsion Section, FAA, Los Angeles ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5262; fax: 562-627- 5210; email: [email protected] | |
| FR Citation | 82 FR 39062 | |
| RIN Number | 2120-AA64 | |
| CFR Associated | Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety |
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