Airworthiness Directives; The Boeing Company Airplanes, 37554-37555 [2017-16775]
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37554
Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / Proposed Rules
Issued in Renton, Washington, on July 26,
2017.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft
Certification Service.
[FR Doc. 2017–16357 Filed 8–10–17; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2016–6417; Product
Identifier 2015–NM–134–AD]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Proposed rule; withdrawal.
AGENCY:
The FAA withdraws a notice
of proposed rulemaking (NPRM) that
published on May 10, 2016. Since the
NPRM was issued, we have determined
that the identified unsafe condition is
adequately addressed by existing
actions. Accordingly, the NPRM is
withdrawn.
SUMMARY:
As of August 11, 2017, the
proposed rule, which was published in
the Federal Register on May 10, 2016
(81 FR 28770), is withdrawn.
ADDRESSES: You may examine the AD
docket on the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2016–
6417; or in person at the Docket
Management Facility between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains this AD action, the NPRM (81
FR 28770, May 10, 2016) (‘‘the NPRM’’),
the regulatory evaluation, any
comments received, and other
information. The address for the Docket
Office (telephone 800–647–5527) is the
Docket Management Facility, U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE., Washington,
DC 20590.
FOR FURTHER INFORMATION CONTACT: Serj
Harutunian, Aerospace Engineer,
Propulsion Section, FAA, Los Angeles
Aircraft Certification Office (ACO)
Branch, 3960 Paramount Boulevard,
Lakewood, CA 90712–4137; phone:
562–627–5254; fax: 562–627–5210;
email: serj.harutunian@faa.gov.
SUPPLEMENTARY INFORMATION:
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
DATES:
VerDate Sep<11>2014
16:30 Aug 10, 2017
Jkt 241001
Discussion
We proposed to amend part 39 of the
Federal Aviation Regulations (14 CFR
part 39) with an NPRM for a new AD for
all The Boeing Company Model DC–10–
10 and DC–10–10F airplanes, Model
DC–10–15 airplanes, Model DC–10–30
and DC–10–30F (KC–10A and KDC–10)
airplanes, Model DC–10–40 and DC–10–
40F airplanes, Model MD–10–10F and
MD–10–30F airplanes, and Model MD–
11 and MD–11F airplanes. The NPRM
published in the Federal Register on
May 10, 2016 (81 FR 28770). The
proposed AD would have required
replacement of the fuel pump housing
electrical connector or replacement of
the fuel pump housing; repetitive
inspections for proper operation of the
fuel pump, and corrective actions if
necessary; and revising the maintenance
or inspection program to incorporate
new airworthiness limitations. The
proposed AD also would have required,
for certain airplanes, a general visual
inspection of the protective cap and
replacement if necessary. The NPRM
was prompted by results from fuel
system reviews conducted by the
manufacturer and multiple reports of
fuel pump housing electrical connector
failures related to ingress of airplane
fluids. The proposed actions were
intended to prevent failure of the fuel
pump housing electrical connector,
which could result in a potential
ignition source in a fuel tank and
consequent fire or explosion.
Actions Since the NPRM Was Issued
Since we issued the NPRM, we have
determined that the identified unsafe
condition is adequately addressed by
existing actions.
Comments
We gave the public the opportunity to
participate in considering the NPRM.
The following presents the comments
received on the proposal and the FAA’s
response to each comment. Multiple
commenters (Boeing, FedEx, United
Parcel Service (UPS), and Lufthansa
Cargo) requested certain changes to the
NPRM that are considered moot in light
of this withdrawal.
Requests To Withdraw the NPRM
UPS stated that the unsafe condition
identified in the NPRM is addressed by
Boeing Service Bulletin MD11–28–145,
dated July 15, 2014 (installation of
sealed terminal lugs on the existing GEN
1 fuel pump connector), in combination
with repetitive inspections, which
accomplishes the same intent as having
installed the GEN 4 fuel pump
connector. UPS stated that AD 2016–04–
16, Amendment 39–18410 (81 FR
PO 00000
Frm 00010
Fmt 4702
Sfmt 4702
12806, dated March 11, 2016) (‘‘AD
2016–04–16’’), also addresses issues
with the fuel system. UPS concluded
that sealing of the current GEN 1 fuel
pump connector via Boeing Service
Bulletin MD11–28–145, dated July 15,
2014, in conjunction with the
installation of the fault current detectors
installed via Boeing Alert Service
Bulletin MD11–28A133, dated June 5,
2014 (referenced as an appropriate
source of service information in AD
2016–04–16), including a repetitive 24month inspection of the connectors as
required by paragraph (j) of AD 2016–
04–16, addresses the unsafe condition
described by the NPRM. UPS stated
that, furthermore, the installation of the
‘‘uncommanded on’’ system via Boeing
Service Bulletin MD11–28–137, dated
June 24, 2014 (referenced as an
appropriate source of service
information in AD 2016–04–16),
provides an additional level of safety in
all pump positions where the tanks
normally empty and can potentially
support a combustible environment.
UPS stated that the other pump
positions on the airplane remain
submerged in fuel, thus not providing a
combustible environment.
FedEx stated that according to the fire
pyramid or fire triangle, three
elements—oxygen, fuel (jet fuel), and
heat (ignition)—are needed in order to
have fire or explosion. FedEx noted that
all of the main fuel pumps on MD11/
DC10 airplanes are covered by fuel
during all flight phases. FedEx stated
that these pumps do not meet the
aforementioned condition where fuel
vapors are present surrounding the
pump. FedEx remarked that only pumps
in fuel tanks that become empty during
flights, i.e., auxiliary tanks and tail
tanks, should be affected by the
proposed AD. Based on this logic,
FedEx concluded that the proposed AD
should mandate the replacement of only
the connector assemblies in any fuel
tank that might normally be empty
during flight. FedEx noted that AD
2016–04–16 has already addressed this
safety concern and required the
installation of fault current detectors in
all fuel pumps. FedEx also noted that
AD 2002–13–10, Amendment 39–12798
(67 FR 45053, dated July 8, 2002),
requires repetitive inspections until a
new connector assembly is certified.
We infer that FedEx and UPS are
requesting we withdraw the NRPM
because those commenters stated that
the identified unsafe condition is
already addressed.
We agree to withdraw the NPRM
because the identified unsafe condition
is adequately addressed by existing
actions. When we issued the NPRM, we
E:\FR\FM\11AUP1.SGM
11AUP1
Federal Register / Vol. 82, No. 154 / Friday, August 11, 2017 / Proposed Rules
had determined that the NPRM was
necessary to comply with the regulation
titled ‘‘Transport Airplane Fuel Tank
System Design Review, Flammability
Reduction and Maintenance and
Inspection Requirements’’ (66 FR 23086,
May 7, 2001). In addition to new
airworthiness standards for transport
airplanes and new maintenance
requirements, this rule included Special
Federal Aviation Regulation No. 88
(‘‘SFAR 88,’’ Amendment 21–78, and
subsequent Amendments 21–82 and 21–
83).
Subsequently, we have determined
the fuel pump connector redesign/
improvement issue is adequately
addressed by the actions required by AD
2016–04–16. The risk of the unsafe
condition developing during the
remaining life of the airplanes identified
in the applicability of the proposed AD
(e.g., the TriJet fleet) has been greatly
reduced by the installation of additional
ignition prevention design features such
as fault current detectors, automatic
pump shutoff, and uncommanded dry
running detection systems, which are
mandated by AD 2016–04–16. The risk
of a fuel tank explosion in a Trijet
airplane with low flammability
exposure time fuel tanks is not
foreseeable.
We are considering further
rulemaking to revise AD 2016–04–16 to
include an optional replacement, i.e.,
installing the new connectors
introduced in Boeing Service Bulletin
DC10–28–264, dated May 15, 2015, and
Boeing Service Bulletin MD11–28–146,
dated May 15, 2015, as specified in the
NPRM. Accomplishing this option
would end the 24-month repetitive
inspections required by paragraph (j) of
AD 2016–04–16 for that airplane.
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
FAA’s Conclusions
Upon further consideration, we have
determined that the NPRM is not
necessary to address the identified
safety concern. Accordingly, the NPRM
is withdrawn.
Withdrawal of the NPRM does not
preclude the FAA from issuing another
related action or commit the FAA to any
course of action in the future.
Regulatory Impact
Since this action only withdraws an
NPRM, it is neither a proposed nor a
final rule and therefore is not covered
under Executive Order 12866, the
Regulatory Flexibility Act, or DOT
Regulatory Policies and Procedures (44
FR 11034, February 26, 1979).
Authority for This Rulemaking
This withdrawal of an NPRM is
issued in accordance with authority
VerDate Sep<11>2014
16:30 Aug 10, 2017
Jkt 241001
delegated by the Executive Director,
Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In
accordance with that order, issuance of
ADs is normally a function of the
Compliance and Airworthiness
Division, but during this transition
period, the Executive Director has
delegated the authority to issue ADs
applicable to transport category
airplanes to the Director of the System
Oversight Division.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Withdrawal
Accordingly, we withdraw the NPRM,
Docket No. FAA–2016–6417, Product
Identifier 2015–NM–134–AD, which
was published in the Federal Register
on May 10, 2016 (81 FR 28770).
Issued in Renton, Washington, on August
2, 2017.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft
Certification Service.
[FR Doc. 2017–16775 Filed 8–10–17; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF EDUCATION
34 CFR Subtitle A and Chapters I
Through VII
[Docket ID: ED–2017–OS–0074]
Evaluation of Existing Regulations
Office of the Secretary,
Department of Education.
ACTION: Request for comments;
extension of comment period.
AGENCY:
On June 22, 2017, we
published in the Federal Register a
request for input on regulations that
may be appropriate for repeal,
replacement, or modification. That
request established a 60-day comment
period beginning on June 22, 2017, and
closing on August 21, 2017. We are
extending the public comment period
for 30 days, until September 20, 2017.
DATES: The comment period for the
request for comments published on June
22, 2017 (82 FR 28431), is extended. We
must receive your comments on or
before September 20, 2017.
ADDRESSES: Submit your comments
through the Federal eRulemaking Portal
or via postal mail, commercial delivery,
or hand delivery. We will not accept
comments by fax or email. To ensure
that we do not receive duplicate copies,
please submit your comments only
SUMMARY:
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
37555
once. In addition, please include the
Docket ID at the top of your comments.
Federal eRulemaking Portal: Go to
www.regulations.gov to submit your
comments electronically. Information
on using Regulations.gov, including
instructions for accessing agency
documents, submitting comments, and
viewing the docket, is available on the
site under the ‘‘Help’’ tab.
Postal Mail, Commercial Delivery, or
Hand Delivery: The Department strongly
encourages commenters to submit their
comments electronically. However, if
you mail or deliver your comments in
response to this request, address them to
Hilary Malawer, 400 Maryland Avenue
SW., Room 6E231, Washington, DC
20202.
Privacy Note: The Department’s
policy is to make all comments received
from members of the public available for
public viewing in their entirety on the
Federal eRulemaking Portal at
www.regulations.gov. Therefore,
commenters should be careful to
include in their comments only
information that they wish to make
publicly available.
FOR FURTHER INFORMATION CONTACT: For
further information on this document,
please contact Hilary Malawer,
Assistant General Counsel, Office of the
General Counsel, U.S. Department of
Education, 400 Maryland Avenue SW.,
Room 6E231, Washington, DC 20202.
Telephone: (202) 401–6148 or by email:
Hilary.Malawer@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
On June
22, 2017, in accordance with Executive
Order 13777, ‘‘Enforcing the Regulatory
Reform Agenda,’’ we published in the
Federal Register a request for input on
regulations that may be appropriate for
repeal, replacement, or modification (82
FR 28431). That request established a
60-day comment period beginning on
June 22, 2017, and closing on August
21, 2017. To ensure that all interested
parties are provided ample time and
opportunity to submit comments, we are
extending the public comment period
for an additional 30 days. Written
comments must be submitted to us no
later than September 20, 2017.
Accessible Format: Individuals with
disabilities can obtain this document in
an accessible format (e.g., Braille, large
print, audiotape, or compact disc) on
request to the person listed under FOR
FURTHER INFORMATION CONTACT.
Electronic Access to This Document:
The official version of this document is
SUPPLEMENTARY INFORMATION:
E:\FR\FM\11AUP1.SGM
11AUP1
Agencies
[Federal Register Volume 82, Number 154 (Friday, August 11, 2017)]
[Proposed Rules]
[Pages 37554-37555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16775]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2016-6417; Product Identifier 2015-NM-134-AD]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Proposed rule; withdrawal.
-----------------------------------------------------------------------
SUMMARY: The FAA withdraws a notice of proposed rulemaking (NPRM) that
published on May 10, 2016. Since the NPRM was issued, we have
determined that the identified unsafe condition is adequately addressed
by existing actions. Accordingly, the NPRM is withdrawn.
DATES: As of August 11, 2017, the proposed rule, which was published
in the Federal Register on May 10, 2016 (81 FR 28770), is withdrawn.
ADDRESSES: You may examine the AD docket on the Internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2016-
6417; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD action, the NPRM (81 FR 28770, May 10, 2016) (``the
NPRM''), the regulatory evaluation, any comments received, and other
information. The address for the Docket Office (telephone 800-647-5527)
is the Docket Management Facility, U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE., Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Serj Harutunian, Aerospace Engineer,
Propulsion Section, FAA, Los Angeles Aircraft Certification Office
(ACO) Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone:
562-627-5254; fax: 562-627-5210; email: serj.harutunian@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
We proposed to amend part 39 of the Federal Aviation Regulations
(14 CFR part 39) with an NPRM for a new AD for all The Boeing Company
Model DC-10-10 and DC-10-10F airplanes, Model DC-10-15 airplanes, Model
DC-10-30 and DC-10-30F (KC-10A and KDC-10) airplanes, Model DC-10-40
and DC-10-40F airplanes, Model MD-10-10F and MD-10-30F airplanes, and
Model MD-11 and MD-11F airplanes. The NPRM published in the Federal
Register on May 10, 2016 (81 FR 28770). The proposed AD would have
required replacement of the fuel pump housing electrical connector or
replacement of the fuel pump housing; repetitive inspections for proper
operation of the fuel pump, and corrective actions if necessary; and
revising the maintenance or inspection program to incorporate new
airworthiness limitations. The proposed AD also would have required,
for certain airplanes, a general visual inspection of the protective
cap and replacement if necessary. The NPRM was prompted by results from
fuel system reviews conducted by the manufacturer and multiple reports
of fuel pump housing electrical connector failures related to ingress
of airplane fluids. The proposed actions were intended to prevent
failure of the fuel pump housing electrical connector, which could
result in a potential ignition source in a fuel tank and consequent
fire or explosion.
Actions Since the NPRM Was Issued
Since we issued the NPRM, we have determined that the identified
unsafe condition is adequately addressed by existing actions.
Comments
We gave the public the opportunity to participate in considering
the NPRM. The following presents the comments received on the proposal
and the FAA's response to each comment. Multiple commenters (Boeing,
FedEx, United Parcel Service (UPS), and Lufthansa Cargo) requested
certain changes to the NPRM that are considered moot in light of this
withdrawal.
Requests To Withdraw the NPRM
UPS stated that the unsafe condition identified in the NPRM is
addressed by Boeing Service Bulletin MD11-28-145, dated July 15, 2014
(installation of sealed terminal lugs on the existing GEN 1 fuel pump
connector), in combination with repetitive inspections, which
accomplishes the same intent as having installed the GEN 4 fuel pump
connector. UPS stated that AD 2016-04-16, Amendment 39-18410 (81 FR
12806, dated March 11, 2016) (``AD 2016-04-16''), also addresses issues
with the fuel system. UPS concluded that sealing of the current GEN 1
fuel pump connector via Boeing Service Bulletin MD11-28-145, dated July
15, 2014, in conjunction with the installation of the fault current
detectors installed via Boeing Alert Service Bulletin MD11-28A133,
dated June 5, 2014 (referenced as an appropriate source of service
information in AD 2016-04-16), including a repetitive 24-month
inspection of the connectors as required by paragraph (j) of AD 2016-
04-16, addresses the unsafe condition described by the NPRM. UPS stated
that, furthermore, the installation of the ``uncommanded on'' system
via Boeing Service Bulletin MD11-28-137, dated June 24, 2014
(referenced as an appropriate source of service information in AD 2016-
04-16), provides an additional level of safety in all pump positions
where the tanks normally empty and can potentially support a
combustible environment. UPS stated that the other pump positions on
the airplane remain submerged in fuel, thus not providing a combustible
environment.
FedEx stated that according to the fire pyramid or fire triangle,
three elements--oxygen, fuel (jet fuel), and heat (ignition)--are
needed in order to have fire or explosion. FedEx noted that all of the
main fuel pumps on MD11/DC10 airplanes are covered by fuel during all
flight phases. FedEx stated that these pumps do not meet the
aforementioned condition where fuel vapors are present surrounding the
pump. FedEx remarked that only pumps in fuel tanks that become empty
during flights, i.e., auxiliary tanks and tail tanks, should be
affected by the proposed AD. Based on this logic, FedEx concluded that
the proposed AD should mandate the replacement of only the connector
assemblies in any fuel tank that might normally be empty during flight.
FedEx noted that AD 2016-04-16 has already addressed this safety
concern and required the installation of fault current detectors in all
fuel pumps. FedEx also noted that AD 2002-13-10, Amendment 39-12798 (67
FR 45053, dated July 8, 2002), requires repetitive inspections until a
new connector assembly is certified.
We infer that FedEx and UPS are requesting we withdraw the NRPM
because those commenters stated that the identified unsafe condition is
already addressed.
We agree to withdraw the NPRM because the identified unsafe
condition is adequately addressed by existing actions. When we issued
the NPRM, we
[[Page 37555]]
had determined that the NPRM was necessary to comply with the
regulation titled ``Transport Airplane Fuel Tank System Design Review,
Flammability Reduction and Maintenance and Inspection Requirements''
(66 FR 23086, May 7, 2001). In addition to new airworthiness standards
for transport airplanes and new maintenance requirements, this rule
included Special Federal Aviation Regulation No. 88 (``SFAR 88,''
Amendment 21-78, and subsequent Amendments 21-82 and 21-83).
Subsequently, we have determined the fuel pump connector redesign/
improvement issue is adequately addressed by the actions required by AD
2016-04-16. The risk of the unsafe condition developing during the
remaining life of the airplanes identified in the applicability of the
proposed AD (e.g., the TriJet fleet) has been greatly reduced by the
installation of additional ignition prevention design features such as
fault current detectors, automatic pump shutoff, and uncommanded dry
running detection systems, which are mandated by AD 2016-04-16. The
risk of a fuel tank explosion in a Trijet airplane with low
flammability exposure time fuel tanks is not foreseeable.
We are considering further rulemaking to revise AD 2016-04-16 to
include an optional replacement, i.e., installing the new connectors
introduced in Boeing Service Bulletin DC10-28-264, dated May 15, 2015,
and Boeing Service Bulletin MD11-28-146, dated May 15, 2015, as
specified in the NPRM. Accomplishing this option would end the 24-month
repetitive inspections required by paragraph (j) of AD 2016-04-16 for
that airplane.
FAA's Conclusions
Upon further consideration, we have determined that the NPRM is not
necessary to address the identified safety concern. Accordingly, the
NPRM is withdrawn.
Withdrawal of the NPRM does not preclude the FAA from issuing
another related action or commit the FAA to any course of action in the
future.
Regulatory Impact
Since this action only withdraws an NPRM, it is neither a proposed
nor a final rule and therefore is not covered under Executive Order
12866, the Regulatory Flexibility Act, or DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979).
Authority for This Rulemaking
This withdrawal of an NPRM is issued in accordance with authority
delegated by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes to the Director of the System Oversight
Division.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Withdrawal
Accordingly, we withdraw the NPRM, Docket No. FAA-2016-6417,
Product Identifier 2015-NM-134-AD, which was published in the Federal
Register on May 10, 2016 (81 FR 28770).
Issued in Renton, Washington, on August 2, 2017.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2017-16775 Filed 8-10-17; 8:45 am]
BILLING CODE 4910-13-P