Airworthiness Directives; The Boeing Company Airplanes, 49379-49382 [2013-19753]
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tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 157 / Wednesday, August 14, 2013 / Proposed Rules
early, the RDAP contract terminates and
voucher payments to the landlord stop.
To remain eligible for a new voucher
after terminating tenancy, the voucher
holder must meet the following
requirements:
(1) If the voucher holder terminates
tenancy during the lease term, the
voucher holder must document
landlord’s consent to the termination of
the lease.
(2) The voucher holder must notify
the Agency immediately upon
terminating tenancy.
(b) The landlord may terminate
tenancy only in accordance with the
provisions of the voucher holder’s lease.
The landlord may not terminate the
tenancy or charge a penalty to the tenant
or Agency if the Agency fails to pay the
housing assistance payment or pays it
late. Lease provisions under which the
landlord may terminate tenancy include
the following:
(1) Violations of the terms of lease
that are substantial and repeated;
(2) Violations of Federal, State, or
local law that directly relate to the
occupancy or use of the unit or
premises;
(3) Other causes specified in the lease.
(c) The Agency may terminate
assistance to the voucher holder if he or
she is subject to a court ordered eviction
or if the voucher holder relinquishes the
voucher and no longer participates in
the program. The Agency may also
terminate assistance under the following
circumstances:
(1) If the voucher holder or voucher
household violates any of the
obligations under the program as
defined in § 3560.804;
(2) If the voucher holder or voucher
household commits fraud, bribery, or
other corrupt or criminal acts related to
any Rural Development MFH program;
(3) If the voucher holder or voucher
household owes funds to the Agency in
connection with the Rural Development
Voucher Program; or
(4) If the voucher holder or voucher
household has engaged in or threatened
abusive or violent behavior to Agency
representatives.
(d) The Agency may recapture any
unauthorized assistance that was
provided to a landlord or voucher
holder. Unauthorized assistance may be
the result of submission of inaccurate or
false information by the landlord or
voucher holder or an error by the
Agency personnel. Unauthorized
assistance will be processed in
accordance with subpart O of this part.
The Agency will provide notice to the
landlord or voucher holder upon
determining that unauthorized
assistance was received. The notice will
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specify, in detail, the reason(s) that the
assistance was determined to be
unauthorized, the amount of
unauthorized assistance to be repaid,
and the process by which a review may
be requested.
(e) In making termination decisions,
the Agency has discretion to consider
the seriousness of the issue, the level of
involvement of household members,
mitigating circumstances, such as the
disability of a household member, and
the effects of termination on noninvolved household members. The
Agency may permit a voucher holder to
continue receiving assistance while
imposing a condition that the household
member or members who engaged in
wrongful activity will not reside with
the voucher holder.
§ 3560.815
Monitoring and enforcement.
The Agency will monitor voucher
holders and landlords participating in
the Rural Development Voucher
Program. The Agency or its
representatives, Inspector General of the
U.S Department of Agriculture and
Comptroller General of the United
States have full and free access to all
premises and to all accounts and other
records that are relevant to the Rural
Development Voucher Program. Upon
request, voucher holders and landlords
must assist in accessing any accounts or
records. The Agency, at its discretion
and in accordance with Agency
regulations, may pursue civil monetary
penalties from the landlord or voucher
holder in an attempt to remedy
violations of program regulations.
§§ 3560.816–3560.849
§ 3560.850
[Reserved]
OMB control number.
The information collection
requirements contained in this
regulation has been forwarded to the
Office of Management and Budget
(OMB) for approval. Public reporting
burden for this collection of information
is averaged at 15 minutes response,
including time reviewing instructions,
searching existing data sources,
gathering and maintaining the data
needed, and completing and reviewing
the collection of information.
Dated: August 7, 2013.
˜
Tammye Trevino,
Administrator, Rural Housing Service.
[FR Doc. 2013–19769 Filed 8–13–13; 8:45 am]
BILLING CODE 3410–XV–P
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49379
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2013–0693; Directorate
Identifier 2013–NM–059–AD]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to adopt a new
airworthiness directive (AD) for certain
The Boeing Company Model 757–200
and –200PF series airplanes. This
proposed AD was prompted by reports
indicating that a standard access door
was located where an impact-resistant
access door was required, and stencils
were missing from some impactresistant access doors. This proposed
AD would require an inspection of the
left- and right-hand wing fuel tank
access doors to determine that impactresistant access doors are installed in
the correct locations, and to replace any
door with an impact-resistant access
door if necessary. This proposed AD
also would require an inspection for
stencils and index markers on impactresistant access doors, and application
of new stencils or index markers if
necessary. This proposed AD would
also require revising the maintenance
program to incorporate changes to the
airworthiness limitations section. We
are proposing this AD to prevent foreign
object penetration of the fuel tank,
which could cause a fuel leak near an
ignition source (e.g., hot brakes or
engine exhaust nozzle), consequently
leading to a fuel-fed fire.
DATES: We must receive comments on
this proposed AD by September 30,
2013.
SUMMARY:
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
https://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.
ADDRESSES:
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49380
Federal Register / Vol. 78, No. 157 / Wednesday, August 14, 2013 / Proposed Rules
For service information identified in
this proposed AD, contact Boeing
Commercial Airplanes, Attention: Data
& Services Management, P.O. Box 3707,
MC 2H–65, Seattle, WA 98124–2207;
telephone 206–544–5000, extension 1;
fax 206–766–5680; Internet https://
www.myboeingfleet.com. You may
review copies of the referenced service
information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue
SW., Renton, WA. For information on
the availability of this material at the
FAA, call 425–227–1221.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; 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:
Suzanne Lucier, Aerospace Engineer,
Propulsion Branch, ANM–140S, FAA,
Seattle Aircraft Certification Office,
1601 Lind Avenue SW., Renton, WA
98057–3356; phone: 425–917–6438; fax:
425–917–6590; email:
suzanne.lucier@faa.gov.
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–
2013–0693; Directorate Identifier 2013–
NM–059–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 https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this proposed AD.
Discussion
We received reports of a standard
access door located where an impactresistant access door is required, and
stencils missing from some spare
impact-resistant access doors. This
condition, if not corrected, could result
in foreign object penetration of the fuel
tank, which could cause a fuel leak near
an ignition source (e.g., hot brakes or
engine exhaust nozzle), consequently
leading to a fuel-fed fire.
Relevant Service Information
We reviewed Boeing Service Bulletin
757–28–0118, dated January 12, 2012;
and critical design configuration control
limitation (CDCCL) Task 57–AWL–01,
‘‘Impact-Resistant Fuel Tank Access
Doors,’’ of Section 9, Airworthiness
Limitations (AWLs) and Certification
Requirements (CMRs) of Boeing 757
Maintenance Planning Data Document
D622N001–9, Revision August 2012. For
information on the procedures and
compliance times, see this service
information at https://
www.regulations.gov by searching for
Docket No. FAA–2013–0693.
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 these same
type designs.
Proposed AD Requirements
The FAA issued section 121.316 of
the Federal Aviation Regulations (14
CFR 121.316) requiring that each
turbine powered transport category
airplane meet the requirements of
section 25.963(e) of the Federal Aviation
Regulations (14 CFR 25.963(e)). Section
25.963(e) outlines the certification
requirements for fuel tank access covers
on turbine powered transport category
airplanes.
This proposed AD would require
inspecting fuel tank access doors to
determine that impact-resistant access
doors are installed in the correct
locations and replacing any door with
an impact-resistant access door if
necessary; inspecting application of
stencils and index markers of impactresistant access doors and application of
new stencils or index markers if
necessary; and revising the maintenance
program.
This proposed AD requires revisions
to certain operator maintenance
documents to include a new CDCCL.
Compliance with CDCCLs is required by
section 91.403(c) of the Federal Aviation
Regulations (14 CFR 91.403(c)). For
airplanes that have been previously
modified, altered, or repaired in the
areas addressed by this proposed AD,
the operator might not be able to
accomplish the actions described in the
revisions. In this situation, to comply
with 14 CFR 91.403(c), the operator
must request approval for an alternative
method of compliance according to the
procedures specified in paragraph (j) of
this proposed AD. The request should
include a description of changes to the
required actions that will ensure the
continued damage tolerance of the
affected structure.
After accomplishing the revision
required by paragraph (h) of this AD, no
alternative actions (e.g., inspections),
intervals, and/or CDCCLs may be used
unless the actions, intervals, and/or
CDCCLs are approved as an alternative
method of compliance (AMOC) in
accordance with the procedures
specified in paragraph (j) of this AD.
Costs of Compliance
We estimate that this proposed AD
affects 86 airplanes of U.S. registry. We
estimate the following costs to comply
with this proposed AD:
ESTIMATED COSTS
tkelley on DSK3SPTVN1PROD with PROPOSALS
Action
Labor cost
Inspection ........................................................
Maintenance Program Revision ......................
8 work-hours × $85 per hour = $680 .............
1 work-hour × $85 per hour = $85 .................
We estimate the following costs to do
any necessary replacements that would
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be required based on the results of the
proposed inspection. We have no way of
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Cost per
product
Parts cost
$0
0
$680
85
Cost on U.S.
operators
$58,480
7,310
determining the number of aircraft that
might need these replacements:
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Federal Register / Vol. 78, No. 157 / Wednesday, August 14, 2013 / Proposed Rules
49381
ON-CONDITION COSTS
Action
Labor cost
Replacement per door ..................................................
Stencil and index marker ..............................................
3 work-hours × $85 per hour = $255 ...........................
4 work-hours × $85 per hour = $340 ...........................
According to the manufacturer, some
of the costs of this proposed AD may be
covered under warranty, thereby
reducing the cost impact on affected
individuals. We do not control warranty
coverage for affected individuals. As a
result, we have included all costs in our
cost estimate.
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.
tkelley on DSK3SPTVN1PROD with PROPOSALS
Regulatory Findings
We determined that this proposed AD
would not have federalism implications
under Executive Order 13132. This
proposed AD would not have a
substantial direct effect on the States, on
the relationship between the national
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this proposed regulation:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Is not a ‘‘significant rule’’ under
the DOT Regulatory Policies and
Procedures (44 FR 11034, February 26,
1979),
(3) Will not affect intrastate aviation
in Alaska, and
(4) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
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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
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):
■
The Boeing Company: Docket No. FAA–
2013–0693; Directorate Identifier 2013–
NM–059–AD.
(a) Comments Due Date
We must receive comments by September
30, 2013.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company
Model 757–200 and –200PF series airplanes;
certificated in any category; as identified in
Boeing Service Bulletin 757–28–0118, dated
January 12, 2012.
(d) Subject
Joint Aircraft System Component (JASC)/
Air Transport Association (ATA) of America
Code 28, Fuel.
(e) Unsafe Condition
This AD was prompted by reports
indicating that a standard access door was
located where an impact-resistant access
door was required, and stencils were missing
from some impact-resistant access doors. We
are issuing this AD to prevent foreign object
penetration of the fuel tank, which could
cause a fuel leak near an ignition source (e.g.,
hot brakes or engine exhaust nozzle),
consequently leading to a fuel-fed fire.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Inspections
Within 72 months after the effective date
of this AD, do the actions specified in
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Parts cost
$8,000
0
Cost per
product
$8,255
340
paragraphs (g)(1) and (g)(2) of this AD, in
accordance with the Accomplishment
Instructions of Boeing Service Bulletin 757–
28–0118, dated January 12, 2012.
(1) Do a general visual inspection of the
left- and right-hand wing fuel tank access
doors to determine whether impact-resistant
access doors are installed in the correct
locations. If any standard access door is
found, before further flight, replace with an
impact-resistant access door, in accordance
with the Accomplishment Instructions of
Boeing Service Bulletin 757–28–0118, dated
January 12, 2012.
(2) Do a general visual inspection of the
left- and right-hand wing fuel tank impactresistant access doors to verify stencils and
index markers are applied. If a stencil or
index marker is missing, before further flight,
apply stencil or index marker, as applicable,
in accordance with the Accomplishment
Instructions of Boeing Service Bulletin 757–
28–0118, dated January 12, 2012.
(h) Maintenance Program Revision
Within 60 days after the effective date of
this AD, revise the maintenance program to
incorporate critical design configuration
control limitations (CDCCLs) Task 57–AWL–
01, ‘‘Impact-Resistant Fuel Tank Access
Doors,’’ of Section 9, Airworthiness
Limitations (AWLs) and Certification
Requirements (CMRs) of Boeing 757
Maintenance Planning Data Document
D622N001–9, Revision August 2012.
(i) No Alternative Actions, Intervals, and/or
CDCCLs
After accomplishing the revision required
by paragraph (h) of this AD, no alternative
actions (e.g., inspections), intervals, and/or
CDCCLs may be used unless the actions,
intervals, and/or CDCCLs are approved as an
alternative method of compliance (AMOC) in
accordance with the procedures specified in
paragraph (j) of this AD.
(j) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Seattle 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 the
Related Information section of this AD.
Information may be emailed to: 9-ANMSeattle-ACO-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.
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Federal Register / Vol. 78, No. 157 / Wednesday, August 14, 2013 / Proposed Rules
(3) An AMOC that provides an acceptable
level of safety may be used for any repair
required by this AD if it is approved by the
Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has
been authorized by the Manager, Seattle ACO
to make those findings. For a repair method
to be approved, the repair 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 Suzanne Lucier, Aerospace Engineer,
Propulsion Branch, ANM–140S, FAA, Seattle
Aircraft Certification Office, 1601 Lind
Avenue SW., Renton, WA 98057–3356;
phone: 425–917–6438; fax: 425–917–6590;
email: suzanne.lucier@faa.gov.
(2) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H–65,
Seattle, WA 98124–2207; telephone 206–
544–5000, extension 1; fax 206–766–5680;
Internet https://www.myboeingfleet.com. You
may review copies of the referenced service
information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton,
WA. For information on the availability of
this material at the FAA, call 425–227–1221.
Issued in Renton, Washington, on August
6, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2013–19753 Filed 8–13–13; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 68
[Docket No. DOD–2013–OS–0093]
RIN 0790–AJ06
Voluntary Education Programs
Office of the Under Secretary of
Defense for Personnel and Readiness,
DoD.
ACTION: Proposed rule.
AGENCY:
In this proposed rule, the
Department of Defense (DoD) discusses
new policy, responsibilities, and
procedures for the operation of
voluntary education programs within
DoD. The new policies discussed in the
rule include the following.
All educational institutions providing
education programs through the DoD
Tuition Assistance (TA) Program will
provide meaningful information to
students about the financial cost and
attendance at an institution so military
students can make informed decisions
on where to attend school; not use
unfair, deceptive, and abusive recruiting
tkelley on DSK3SPTVN1PROD with PROPOSALS
SUMMARY:
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practices; and provide academic and
student support services to Service
members and their families. New
criteria are created to strengthen
existing procedures for access to
military installations by educational
institutions. An annual review and
notification process is required if there
are changes made to the uniform
semester-hour (or equivalent) TA caps
and annual TA ceilings. Military
Departments will be required to provide
their Service members with a joint
services transcript (JST). The DoD
Postsecondary Education Complaint
System is implemented for Service
members, spouses, and adult family
members to register student complaints.
The Military Departments are
authorized to establish Service-specific
TA eligibility criteria and management
controls.
DATES: Comments must be received by
September 30, 2013.
FOR FURTHER INFORMATION CONTACT: For
general information concerning DoD
Voluntary Education Programs, send a
written inquiry to Ms. Carolyn Baker, at
the Office of the Under Secretary of
Defense (Personnel & Readiness),
Military Community & Family Policy,
State Liaison and Educational
Opportunities, 4800 Mark Center Drive,
Suite 14E08, Alexandria, Virginia
22350–2300 (Phone: 571–372–5355 or
email: carolyn.baker@osd.mil).
SUPPLEMENTARY INFORMATION:
Executive Summary
This proposed rule implements
Voluntary Education Programs for
Military Service members. This rule
includes educational programs that
enable Service members to earn a degree
on their off-duty time. Congress has
held that men and women serving in the
Armed Forces should have at least the
same opportunity to advance
academically as do civilians who
remain outside the military.
Funding for Voluntary Education
Programs is authorized by law and is
subject to the availability of funds from
each Service. Voluntary education
programs include tuition assistance
(TA) (per 10 U.S.C. 2007), which is
administered uniformly across the
Services. Subject to appropriations, each
Service pays no more than $250.00 per
semester-unit (or equivalent) for tuition.
Each Service member participating in
off-duty, voluntary education is eligible
for up to $4,500.00, in aggregate, for
each fiscal year. TA can only be used for
courses offered by postsecondary
institutions accredited by a national or
regional accrediting body recognized by
the U.S. Department of Education.
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A March 2011 Government
Accountability Office report on the DoD
TA program recommended the
Department take steps to enhance its
oversight of schools receiving TA funds
(available at https://www.gao.gov/
new.items/d11300.pdf). As a result, a
DoD Memorandum of Understanding
(MOU) requirement was included in
this rule, which is designated not only
to improve Departmental oversight but
also to account for our Service members’
unique lifestyle requirements. The
purpose of the DoD MOU is to establish
a partnership between the Department
and institutions to improve educational
opportunities while protecting the
integrity of each institution’s core
educational values. This partnership
serves to ensure a quality, viable
program exists that provides for our
Service members to realize their
educational goals, while allowing for
judicious oversight of taxpayer dollars.
Background
The purpose of voluntary education
programs is to provide active duty
Service members with opportunities to
enhance their academic achievement
which in turn improves job performance
and promotion potential. A final rule for
DoD’s Voluntary Education Programs
was published in the Federal Register
on December 6, 2012 (77 FR 72941–
72956). The rule established the new
requirement for a standardized
memorandum of understanding (MOU)
between DoD and the Institutions of
Higher Learning (IHLs) prior to
participating in DoD Voluntary
Education Programs, such as the
military tuition assistance program. As
of June 25, 2013, 3,155 IHLs with a total
of 4,180 sub-campuses have signed the
DoD MOU.
This new proposed rule includes
requirements stated in the President’s
Executive Order 13607, ‘‘Establishing
Principles of Excellence for Educational
Institutions Servicing Service Members,
Veterans, Spouses, and Other Family
Members’’, signed April 27, 2012
(available at https://www.gpo.gov/fdsys/
pkg/FR-2012-05-02/pdf/201210715.pdf). In implementing the EO,
three interagency working groups were
established (information, compliance,
and report), along with an aggressive
timeline to ensure that the policies take
effect as soon as possible. The E.O.
directed DoD to coordinate with the
Departments of Veterans Affairs and
Education, and in consultation with the
Department of Justice and the Consumer
Financial Protection Bureau, to
implement and promote compliance
with the principles stated in the E.O.
Several of these principles were covered
E:\FR\FM\14AUP1.SGM
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Agencies
[Federal Register Volume 78, Number 157 (Wednesday, August 14, 2013)]
[Proposed Rules]
[Pages 49379-49382]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19753]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2013-0693; Directorate Identifier 2013-NM-059-AD]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain The Boeing Company Model 757-200 and -200PF series airplanes.
This proposed AD was prompted by reports indicating that a standard
access door was located where an impact-resistant access door was
required, and stencils were missing from some impact-resistant access
doors. This proposed AD would require an inspection of the left- and
right-hand wing fuel tank access doors to determine that impact-
resistant access doors are installed in the correct locations, and to
replace any door with an impact-resistant access door if necessary.
This proposed AD also would require an inspection for stencils and
index markers on impact-resistant access doors, and application of new
stencils or index markers if necessary. This proposed AD would also
require revising the maintenance program to incorporate changes to the
airworthiness limitations section. We are proposing this AD to prevent
foreign object penetration of the fuel tank, which could cause a fuel
leak near an ignition source (e.g., hot brakes or engine exhaust
nozzle), consequently leading to a fuel-fed fire.
DATES: We must receive comments on this proposed AD by September 30,
2013.
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 https://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.
[[Page 49380]]
For service information identified in this proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call 425-227-1221.
Examining the AD Docket
You may examine the AD docket on the Internet at https://www.regulations.gov; 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: Suzanne Lucier, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6438; fax: 425-917-6590; email: suzanne.lucier@faa.gov.
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-2013-0693;
Directorate Identifier 2013-NM-059-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 https://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
We received reports of a standard access door located where an
impact-resistant access door is required, and stencils missing from
some spare impact-resistant access doors. This condition, if not
corrected, could result in foreign object penetration of the fuel tank,
which could cause a fuel leak near an ignition source (e.g., hot brakes
or engine exhaust nozzle), consequently leading to a fuel-fed fire.
Relevant Service Information
We reviewed Boeing Service Bulletin 757-28-0118, dated January 12,
2012; and critical design configuration control limitation (CDCCL) Task
57-AWL-01, ``Impact-Resistant Fuel Tank Access Doors,'' of Section 9,
Airworthiness Limitations (AWLs) and Certification Requirements (CMRs)
of Boeing 757 Maintenance Planning Data Document D622N001-9, Revision
August 2012. For information on the procedures and compliance times,
see this service information at https://www.regulations.gov by searching
for Docket No. FAA-2013-0693.
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 these same type
designs.
Proposed AD Requirements
The FAA issued section 121.316 of the Federal Aviation Regulations
(14 CFR 121.316) requiring that each turbine powered transport category
airplane meet the requirements of section 25.963(e) of the Federal
Aviation Regulations (14 CFR 25.963(e)). Section 25.963(e) outlines the
certification requirements for fuel tank access covers on turbine
powered transport category airplanes.
This proposed AD would require inspecting fuel tank access doors to
determine that impact-resistant access doors are installed in the
correct locations and replacing any door with an impact-resistant
access door if necessary; inspecting application of stencils and index
markers of impact-resistant access doors and application of new
stencils or index markers if necessary; and revising the maintenance
program.
This proposed AD requires revisions to certain operator maintenance
documents to include a new CDCCL. Compliance with CDCCLs is required by
section 91.403(c) of the Federal Aviation Regulations (14 CFR
91.403(c)). For airplanes that have been previously modified, altered,
or repaired in the areas addressed by this proposed AD, the operator
might not be able to accomplish the actions described in the revisions.
In this situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance according to
the procedures specified in paragraph (j) of this proposed AD. The
request should include a description of changes to the required actions
that will ensure the continued damage tolerance of the affected
structure.
After accomplishing the revision required by paragraph (h) of this
AD, no alternative actions (e.g., inspections), intervals, and/or
CDCCLs may be used unless the actions, intervals, and/or CDCCLs are
approved as an alternative method of compliance (AMOC) in accordance
with the procedures specified in paragraph (j) of this AD.
Costs of Compliance
We estimate that this proposed AD affects 86 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
Inspection............................ 8 work-hours x $85 per $0 $680 $58,480
hour = $680.
Maintenance Program Revision.......... 1 work-hour x $85 per 0 85 7,310
hour = $85.
----------------------------------------------------------------------------------------------------------------
We estimate the following costs to do any necessary replacements
that would be required based on the results of the proposed inspection.
We have no way of determining the number of aircraft that might need
these replacements:
[[Page 49381]]
On-Condition Costs
----------------------------------------------------------------------------------------------------------------
Cost per
Action Labor cost Parts cost product
----------------------------------------------------------------------------------------------------------------
Replacement per door.......................... 3 work-hours x $85 per hour = $8,000 $8,255
$255.
Stencil and index marker...................... 4 work-hours x $85 per hour = 0 340
$340.
----------------------------------------------------------------------------------------------------------------
According to the manufacturer, some of the costs of this proposed
AD may be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
(3) Will not affect intrastate aviation in Alaska, and
(4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
The Boeing Company: Docket No. FAA-2013-0693; Directorate Identifier
2013-NM-059-AD.
(a) Comments Due Date
We must receive comments by September 30, 2013.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company Model 757-200 and -200PF
series airplanes; certificated in any category; as identified in
Boeing Service Bulletin 757-28-0118, dated January 12, 2012.
(d) Subject
Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 28, Fuel.
(e) Unsafe Condition
This AD was prompted by reports indicating that a standard
access door was located where an impact-resistant access door was
required, and stencils were missing from some impact-resistant
access doors. We are issuing this AD to prevent foreign object
penetration of the fuel tank, which could cause a fuel leak near an
ignition source (e.g., hot brakes or engine exhaust nozzle),
consequently leading to a fuel-fed fire.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Inspections
Within 72 months after the effective date of this AD, do the
actions specified in paragraphs (g)(1) and (g)(2) of this AD, in
accordance with the Accomplishment Instructions of Boeing Service
Bulletin 757-28-0118, dated January 12, 2012.
(1) Do a general visual inspection of the left- and right-hand
wing fuel tank access doors to determine whether impact-resistant
access doors are installed in the correct locations. If any standard
access door is found, before further flight, replace with an impact-
resistant access door, in accordance with the Accomplishment
Instructions of Boeing Service Bulletin 757-28-0118, dated January
12, 2012.
(2) Do a general visual inspection of the left- and right-hand
wing fuel tank impact-resistant access doors to verify stencils and
index markers are applied. If a stencil or index marker is missing,
before further flight, apply stencil or index marker, as applicable,
in accordance with the Accomplishment Instructions of Boeing Service
Bulletin 757-28-0118, dated January 12, 2012.
(h) Maintenance Program Revision
Within 60 days after the effective date of this AD, revise the
maintenance program to incorporate critical design configuration
control limitations (CDCCLs) Task 57-AWL-01, ``Impact-Resistant Fuel
Tank Access Doors,'' of Section 9, Airworthiness Limitations (AWLs)
and Certification Requirements (CMRs) of Boeing 757 Maintenance
Planning Data Document D622N001-9, Revision August 2012.
(i) No Alternative Actions, Intervals, and/or CDCCLs
After accomplishing the revision required by paragraph (h) of
this AD, no alternative actions (e.g., inspections), intervals, and/
or CDCCLs may be used unless the actions, intervals, and/or CDCCLs
are approved as an alternative method of compliance (AMOC) in
accordance with the procedures specified in paragraph (j) of this
AD.
(j) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Seattle 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 the Related Information
section of this AD. Information may be emailed to: 9-ANM-Seattle-ACO-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.
[[Page 49382]]
(3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO to make
those findings. For a repair method to be approved, the repair 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 Suzanne Lucier,
Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle
Aircraft Certification Office, 1601 Lind Avenue SW., Renton, WA
98057-3356; phone: 425-917-6438; fax: 425-917-6590; email:
suzanne.lucier@faa.gov.
(2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax 206-766-5680; Internet https://www.myboeingfleet.com. You may review copies of the referenced
service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, WA. For information on the availability of
this material at the FAA, call 425-227-1221.
Issued in Renton, Washington, on August 6, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-19753 Filed 8-13-13; 8:45 am]
BILLING CODE 4910-13-P