Airworthiness Directives; The Boeing Company Airplanes, 32629-32632 [2017-14470]

Download as PDF Federal Register / Vol. 82, No. 135 / Monday, July 17, 2017 / Rules and Regulations (j) 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) International Aero Engines (IAE) NonModification Service Bulletin (NMSB) V2500–ENG–72–0676, dated October 14, 2016. (ii) IAE NMSB V2500–ENG–72–0677, Revision 1, dated January 11, 2017. (iii) IAE NMSB V2500–ENG–72–0678, Revision 1, dated January 5, 2017. (iv) IAE NMSB V2500–ENG–72–0681, Revision 2, dated January 9, 2017. (v) IAE NMSB V2500–ENG–72–0682, dated December 2, 2016. (3) For International Aero Engines service information identified in this AD, contact International Aero Engines AG, 400 Main Street, East Hartford, CT 06118; phone: 860– 565–0140; email: help24@pw.utc.com; Internet: https://fleetcare.pw.utc.com. (4) You may view this service information at FAA, Engine & Propeller Directorate, 1200 District Avenue, Burlington, MA. For information on the availability of this material at the FAA, call 781–238–7125. (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: https:// www.archives.gov/federal-register/cfr/ibrlocations.html. Issued in Burlington, Massachusetts, on July 3, 2017. Kevin Dickert, Acting Manager, Engine & Propeller Directorate, Aircraft Certification Service. 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. 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. DATES: 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 https://www.regulations.gov by searching for and locating Docket No. FAA–2015– 3637. ADDRESSES: Examining the AD Docket [FR Doc. 2017–14706 Filed 7–14–17; 8:45 am] BILLING CODE 4910–13–P 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 Federal Aviation Administration (FAA), DOT. ACTION: Final rule. You may examine the AD docket on the Internet at https:// 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. jstallworth on DSK7TPTVN1PROD with RULES AGENCY: FOR FURTHER INFORMATION CONTACT: 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 SUPPLEMENTARY INFORMATION: SUMMARY: VerDate Sep<11>2014 14:51 Jul 14, 2017 Jkt 241001 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: serj.harutunian@faa.gov. PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 32629 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 E:\FR\FM\17JYR1.SGM 17JYR1 32630 Federal Register / Vol. 82, No. 135 / Monday, July 17, 2017 / Rules and Regulations 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 per product Check for presence of fuel at the fuel shroud drain. HFEC Inspection (optional). Pressure Test ................ jstallworth on DSK7TPTVN1PROD with RULES Labor cost 2 work-hours × $85 per hour = $170, per inspection cycle. $0 $170, per inspection cycle. $15,300, per inspection cycle. 5 work-hours × $85 per hour = $425, per inspection cycle. 3 work-hours × $85 per hour = $255, per inspection cycle. $0 $425, per inspection cycle. $255, per inspection cycle. $38,250, per inspection cycle. $22,950, per 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. VerDate Sep<11>2014 14:51 Jul 14, 2017 Jkt 241001 Parts cost Cost on U.S. operators Action $0 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: PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 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: E:\FR\FM\17JYR1.SGM 17JYR1 Federal Register / Vol. 82, No. 135 / Monday, July 17, 2017 / Rules and Regulations ‘‘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 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): jstallworth on DSK7TPTVN1PROD with RULES ■ 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. VerDate Sep<11>2014 14:51 Jul 14, 2017 Jkt 241001 (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. PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 32631 (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: 9-ANM-LAACO-AMOCREQUESTS@faa.gov. (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: serj.harutunian@faa.gov. (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 E:\FR\FM\17JYR1.SGM 17JYR1 32632 Federal Register / Vol. 82, No. 135 / Monday, July 17, 2017 / Rules and Regulations 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: https:// www.archives.gov/federal-register/cfr/ibrlocations.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 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2017–0675] RIN 1625–AA00 Safety Zone; 28th Annual Lake Erie Open Water Swim; Lake Erie, Cleveland, OH Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone for certain waters of Lake Erie. This safety zone is intended to restrict vessels from a portion of Lake Erie during the 28th Annual Lake Erie Open Water Swim. This temporary safety zone is necessary to protect swimmers from vessels operating in the area. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Buffalo. DATES: This rule is effective from 6:45 a.m. through 10:15 a.m. on July 15, 2017. SUMMARY: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2017– 0675 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or jstallworth on DSK7TPTVN1PROD with RULES ADDRESSES: VerDate Sep<11>2014 14:51 Jul 14, 2017 Jkt 241001 email LT Ryan Junod, Chief of Waterways Management, U.S. Coast Guard Marine Safety Unit Cleveland; telephone 216–937–0124, email ryan.s.junod@uscg.mil. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background Information and Regulatory History The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are impracticable, unnecessary, or contrary to the public interest. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because the event sponsor did not submit notice to the Coast Guard with sufficient time remaining before the event to publish an NPRM. Delaying the effective date of this rule to wait for a comment period to run would be impracticable and contrary to the public interest by inhibiting the Coast Guard’s ability to protect event participants from the hazards associated with an open water swim. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this temporary rule effective less than 30 days after publication in the Federal Register because doing so would be impracticable and contrary to the public interest. Delaying the effective date would be contrary to the rule’s objectives of ensuring safety of life on the navigable waters and protection of persons and vessels near the event. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The Captain of the Port Buffalo (COTP) has determined that a large scale swimming event on a navigable waterway will pose a significant risk to participants and the boating public. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone while the PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 Lake Erie Open Water Swim is happening. IV. Discussion of the Rule This rule establishes a safety zone from 6:45 a.m. through 10:15 a.m. on July 15, 2017. The safety zone will encompass all waters of Lake Erie, Cleveland, OH south of a line drawn between positions 41°29′30″ N., 081°44′21″ W. and 41°29′21″ N., 081°45′04″ W. (NAD 83) to the shore. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. The Captain of the Port or his designated representative may be contacted via VHF Channel 16. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive Orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive Orders, and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. We conclude that this rule is not a significant regulatory action because we anticipate that it will have minimal impact on the economy, will not interfere with other agencies, will not adversely alter the budget of any grant or loan recipients, and will not raise any novel legal or policy issues. The safety zone created by this rule will be relatively small and enforced for a relatively short time. Also, the safety zone is designed to minimize its impact on navigable waters. Furthermore, the safety zone has been designed to allow vessels to transit around it. Thus, restrictions on vessel movement within that particular area are expected to be minimal. Under certain conditions, moreover, vessels may still transit through the safety zone when permitted by the Captain of the Port. E:\FR\FM\17JYR1.SGM 17JYR1

Agencies

[Federal Register Volume 82, Number 135 (Monday, July 17, 2017)]
[Rules and Regulations]
[Pages 32629-32632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14470]


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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 https://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 https://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: 
serj.harutunian@faa.gov.

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: 9-ANM-LAACO-AMOC-REQUESTS@faa.gov.
    (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: serj.harutunian@faa.gov.
    (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: https://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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