Airworthiness Directives; The Boeing Company Airplanes, 39062-39065 [2017-16560]
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Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Proposed Rules
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responsibilities, including setting a clear
strategy for the firm that aligns with the
firm’s risk tolerance; actively managing
information flow and board discussions;
holding senior management accountable for
implementing the firm’s strategy and risk
tolerance in an effective manner, and for
maintaining the firm’s risk management and
control framework; supporting the
independence and stature of the firm’s
independent risk management and internal
audit functions; and maintaining its
effectiveness by adapting its composition,
governance structure and practices to
changes that occur over time.
• Management of Core Business Lines and
Independent Risk Management and Controls
The extent to which:
Æ Senior management effectively and
prudently manages the day-to-day operations
of the firm and provides for ongoing
resiliency; implements the firm’s strategy and
risk tolerance; maintains an effective risk
management framework and system of
internal controls; and promotes prudent risk
taking behaviors and business practices,
including compliance with laws and
regulations.
Æ Core business line management executes
business line activities consistent with the
firm’s strategy and risk tolerance; identifies
and manages risks; and ensures an effective
system of internal controls for its operations.
Æ Independent risk management
effectively evaluates whether the firm’s risk
tolerance appropriately captures material
risks and is consistent with the firm’s risk
management capacity; establishes and
monitors risk limits that are consistent with
the firm’s risk tolerance; identifies and
measures the firm’s risks; and aggregates,
assesses and reports on the firm’s risk profile
and positions. Additionally, the firm
demonstrates that its system of internal
controls is appropriate and tested for
effectiveness. Finally, internal audit
effectively and independently assesses the
firm’s risk management framework and
internal control systems, and reports findings
to senior management and the firm’s audit
committee.
• Recovery Planning (domestic LISCC
firms only): The extent to which recovery
planning processes effectively identify
options that provide a reasonable chance of
a firm being able to remedy financial
weakness and restore market confidence
without extraordinary official sector support.
Definitions for the Governance and Controls
Component Rating
Satisfactory
A firm’s governance and control practices
are considered sound and broadly meet
supervisory expectations. Specifically, a
firm’s practices and capabilities are sufficient
to align strategic business objectives with the
firm’s risk tolerance and risk management
capabilities; maintain strong and
independent risk management and control
functions, including internal audit; promote
compliance with laws and regulations; and
otherwise provide for the firm’s ongoing
resiliency through a range of conditions.
Although a firm rated ‘‘Satisfactory’’ may
have supervisory issues requiring corrective
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action, the firm is effectively mitigating the
issues or the Federal Reserve has deemed the
issues as unlikely to present a threat to the
firm’s ability to maintain safe and sound
operations.
Satisfactory Watch
Supervisors may assign a ‘‘Satisfactory
Watch’’ component rating, which indicates
that governance and controls are generally
considered sound; however certain
supervisory issues are sufficiently material
that, if not resolved by the firm in a timely
manner during the normal course of
business, would put the firm’s prospects for
remaining safe and sound through a range of
conditions at risk.
A ‘‘Satisfactory Watch’’ rating may be
assigned to a firm which meets these
characteristics regardless of its prior rating
(that is, it may be assigned to a firm
previously rated ‘‘Satisfactory’’ or
‘‘Deficient’’). In either instance, the Federal
Reserve will not use the ‘‘Satisfactory Watch’’
rating for a prolonged period. In most
instances, the firm will either (i) resolve the
issues in a timely manner and be assigned a
‘‘Satisfactory’’ rating, or (ii) fail to resolve the
issues and be downgraded to a ‘‘Deficient’’
rating, as its inability to resolve those issues
in a timely manner would indicate that the
firm does not possess sufficient financial and
operational capabilities to maintain its safety
and soundness through a range of conditions.
The Federal Reserve will provide an
expected timeframe for the firm to remediate
or mitigate each issue leading to the
‘‘Satisfactory Watch’’ rating, and will closely
monitor the firm’s progress.
Deficient-1
Although a firm’s current condition is not
considered to be materially threatened, there
are deficiencies in a firm’s governance or
controls that put its prospects for remaining
safe and sound through a range of conditions
at significant risk.
The firm’s practices and capabilities do not
meet supervisory expectations, and
deficiencies limit its ability to align strategic
business objectives with the firm’s risk
tolerance and risk management capabilities;
maintain strong and independent risk
management and control functions, including
internal audit; promote compliance with
laws and regulations; and/or otherwise
provide for the firm’s ongoing resiliency
through a range of conditions.
These deficiencies require timely
corrective action by the firm, focused on
restoring and maintaining its governance and
control capabilities consistent with a
‘‘Satisfactory’’ component rating. To support
supervisory efforts—and ensure the
immediate attention of the firm’s board and
senior management towards restoring
financial and operational strength and
resilience as necessary to maintain the firm’s
safety and soundness through a range of
conditions—there is a strong presumption
that the firm will be subject to an informal
or formal enforcement action by the Federal
Reserve.
A ‘‘Deficient-1’’ component rating could be
a barrier for a firm seeking the Federal
Reserve’s approval of a proposal to engage in
new or expansionary activities, unless the
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firm can demonstrate that (i) it is making
meaningful, sustained progress in resolving
identified deficiencies and issues; (ii) the
proposed new or expansionary activities
would not present a risk of exacerbating
current deficiencies or issues or lead to new
concerns; and (iii) the proposed activities
would not distract the board or senior
management from remediating current
deficiencies or issues.
Deficient-2
Deficiencies in a firm’s governance or
controls present a material threat to its safety
and soundness, or have already put the firm
in an unsafe and unsound condition.
Its practices and capabilities fall well short
of supervisory expectations, and are
insufficient to align strategic business
objectives with the firm’s risk tolerance and
risk management capabilities; maintain
strong and independent risk management
and control functions, including internal
audit; promote compliance with laws and
regulations; and/or otherwise provide for the
firm’s ongoing resiliency.
To address these material deficiencies, a
firm is required to (i) implement
comprehensive corrective measures sufficient
to restore and maintain appropriate
governance and control capabilities; and (ii)
demonstrate the sufficiency, credibility and
readiness of contingency planning and
options in the event of further escalation of
financial or operational deficiencies. To
support supervisory efforts and ensure the
immediate attention of the firm’s board and
senior management in addressing threats to
safety and soundness, there is a strong
presumption that the firm will be subject to
a formal enforcement action.
The Federal Reserve would be extremely
unlikely to approve any proposal from a firm
with a ‘‘Deficient-2’’ rating to engage in new
or expansionary activities.
By order of the Board of Governors of the
Federal Reserve System, August 3, 2017.
Margaret McCloskey Shanks,
Deputy Secretary of the Board.
[FR Doc. 2017–16736 Filed 8–16–17; 8:45 am]
BILLING CODE 6210–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2017–0770; Product
Identifier 2017–NM–030–AD]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to supersede
Airworthiness Directive (AD) 2014–03–
SUMMARY:
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07, which applies to certain The Boeing
Company Model MD–11 and MD–11F
airplanes. AD 2014–03–07 requires
inspecting certain locations of the wire
bundles of the center upper auxiliary
fuel tank for damage, and corrective
action if necessary. AD 2014–03–07 also
requires installing nonmetallic barrier/
shield sleeving, new clamps, new
attaching hardware, and a new extruded
channel. Since we issued AD 2014–03–
07, we determined that it is necessary to
require an inspection of the wire
bundles for damage at additional center
upper auxiliary fuel tank locations on
certain airplanes. This proposed AD
would add that inspection and expand
the applicability. We are proposing this
AD to address the unsafe condition on
these products.
DATES: We must receive comments on
this proposed AD by October 2, 2017.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
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.
For service information identified in
this NPRM, contact Boeing Commercial
Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster
Blvd., MC 110–SK57, Seal Beach, CA
90740; telephone 562–797–1717;
Internet https://www.myboeing
fleet.com. You may view this referenced
service information at the FAA,
Transport Standards Branch, 1601 Lind
Avenue SW., Renton, WA. For
information on the availability of this
material at the FAA, call 425–227–1221.
It is also available on the Internet at
https://www.regulations.gov by searching
for and locating Docket No. FAA–2017–
0770.
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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–2017–
0770; or in person at the Docket
Management Facility between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains this proposed AD, the
regulatory evaluation, any comments
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received, and other information. The
street address for the Docket Office
(phone: 800–647–5527) is in the
ADDRESSES section. Comments will be
available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT:
Samuel Lee, Aerospace Engineer,
Propulsion Section, FAA, Los Angeles
ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712–4137;
phone: 562–627–5262; fax: 562–627–
5210; email: samuel.lee@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–
2017–0770; Product Identifier 2017–
NM–030–AD’’ at the beginning of your
comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this proposed AD. We will
consider all comments received by the
closing date and may amend this
proposed AD because of those
comments.
We will post all comments we
receive, without change, to 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
On January 21, 2014, we issued AD
2014–03–07, Amendment 39–17744 (79
FR 9392, February 19, 2014) (‘‘AD 2014–
03–07’’), for certain The Boeing
Company Model MD–11 and MD–11F
airplanes. AD 2014–03–07 superseded
AD 2009–26–16, Amendment 39–16155
(74 FR 69249, December 31, 2009). AD
2014–03–07 requires inspecting certain
locations of the wire bundles of the
center upper auxiliary fuel tank for
damage, and corrective action if
necessary. AD 2014–03–07 also requires
installing nonmetallic barrier/shield
sleeving, new clamps, new attaching
hardware, and a new extruded channel.
AD 2014–03–07 resulted from reports
that identified additional locations
where inspections and corrective
actions of the center upper auxiliary
fuel tank are needed. We issued AD
2014–03–07 to reduce the potential of
ignition sources inside fuel tanks,
which, in combination with flammable
fuel vapors, could result in fuel tank
explosions and consequent loss of the
airplane.
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Actions Since AD 2014–03–07 Was
Issued
Since we issued AD 2014–03–07, we
determined that, for certain airplanes, it
is necessary to inspect the wire bundles
at additional center upper auxiliary fuel
tank locations for damage. We have also
expanded the applicability to add one
airplane (Line Number 579) that is also
affected by the identified unsafe
condition.
Related Service Information Under 1
CFR Part 51
We reviewed Boeing Service Bulletin
MD11–28–126, Revision 6, dated July 1,
2016. This service information describes
procedures for inspecting certain wire
bundles of the center auxiliary fuel tank
for damage, and repairing or replacing
damaged wires. This service
information also describes procedures
for installing barrier/shield sleeving,
clamping, and an extruded channel.
This service information is reasonably
available because the interested parties
have access to it through their normal
course of business or by the means
identified in the ADDRESSES section.
FAA’s Determination
We are proposing this AD because we
evaluated all the relevant information
and determined the unsafe condition
described previously is likely to exist or
develop in other products of the same
type design.
Proposed AD Requirements
This proposed AD would retain all
requirements of AD 2014–03–07. This
proposed AD would add inspection
requirements for certain airplanes and
expand the applicability. This proposed
AD would require accomplishing the
actions specified in the service
information described previously,
except as discussed under ‘‘Difference
between this Proposed AD and Service
Information.’’ For information on the
procedures and compliance times, see
this service information at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2017–
0770.
Difference Between This Proposed AD
and Service Information
Boeing Service Bulletin MD11–28–
126, Revision 6, dated July 1, 2016,
specifies to contact the manufacturer for
certain instructions, but this proposed
AD would require using repair methods,
modification deviations, and alteration
deviations in one of the following ways:
• In accordance with a method that
we approve; or
• Using data that meet the
certification basis of the airplane, and
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that have been approved by the Boeing
Commercial Airplanes Organization
Designation Authorization (ODA) whom
we have authorized to make those
findings.
Costs of Compliance
We estimate that this proposed AD
affects 125 airplanes of U.S. registry. We
estimate the following costs to comply
with this proposed AD:
ESTIMATED COSTS
Action
Labor cost
Inspection/installation [retained actions
from AD 2009–26–16, Amendment
39–16155 (74 FR 69249, December
31, 2009)].
Inspection/installation for Groups 1, 2,
and 5, all Configuration 2 airplanes
(retained
actions
from
AD
2014-03-07).
Inspection/installation for Groups 1, 2,
and 5, all Configuration 2 airplanes
(new proposed action).
Inspection/installation for Line Number
579 (new proposed action).
168 to 182 work-hours ×
$85 per hour = $14,280
to $15,470 per inspection cycle.
Up to 9 work-hours × $85
per hour = $765.
Cost on U.S. operators
$15,708 to
$28,005
$29,988 to $43,475 per inspection cycle.
$3,748,500 to $5,434,375
per inspection cycle.
$6,166
Up to $6,931 .....................
Up to $866,375.
$0
Up to $340 ........................
Up to $42,500.
$28,005
$340 ..................................
$28,345.
Up to 4 work-hours × $85
per hour = $340.
4 work-hours × $85 per
hour = $340.
Regulatory Findings
We have received no definitive data
that would enable us to provide cost
estimates for the on-condition actions
specified in this proposed AD.
Authority for This Rulemaking
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Cost per
product
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
Section 106, describes the authority of
the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in Subtitle VII,
Part A, Subpart III, Section 44701,
‘‘General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
This proposed AD is issued in
accordance with authority delegated by
the Executive Director, Aircraft
Certification Service, as authorized by
FAA Order 8000.51C. In accordance
with that order, issuance of ADs is
normally a function of the Compliance
and Airworthiness Division, but during
this transition period, the Executive
Director has delegated the authority to
issue ADs applicable to transport
category airplanes to the Director of the
System Oversight Division.
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Parts cost
§ 39.13
We have determined that this
proposed AD would not have federalism
implications under Executive Order
13132. This proposed AD would not
have a substantial direct effect on the
States, on the relationship between the
national Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that the proposed regulation:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Is not a ‘‘significant rule’’ under
the DOT Regulatory Policies and
Procedures (44 FR 11034, February 26,
1979),
(3) Will not affect intrastate aviation
in Alaska, and
(4) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
■
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
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[Amended]
2. The FAA amends § 39.13 by
removing Airworthiness Directive (AD)
2014–03–07, Amendment 39–17744 (79
FR 9392, February 19, 2014), and adding
the following new AD:
The Boeing Company: Docket No. FAA–
2017–0770; Product Identifier 2017–
NM–030–AD.
(a) Comments Due Date
The FAA must receive comments on this
AD action by October 2, 2017.
(b) Affected ADs
This AD replaces AD 2014–03–07,
Amendment 39–17744 (79 FR 9392, February
19, 2014) (‘‘AD 2014–03–07’’).
(c) Applicability
This AD applies to The Boeing Company
Model MD–11 and MD–11F airplanes,
certificated in any category, as identified in
Boeing Service Bulletin MD11–28–126,
Revision 6, dated July 1, 2016.
(d) Subject
Air Transport Association (ATA) of
America Code 28, Fuel.
(e) Unsafe Condition
This AD was prompted by fuel system
reviews conducted by the manufacturer that
indicated the need to inspect wire bundles at
certain locations of the center upper auxiliary
fuel tanks in addition to inspection locations
required by AD 2014–03–07. We are issuing
this AD to reduce the potential of ignition
sources inside fuel tanks, which, in
combination with flammable fuel vapors,
could result in fuel tank explosions and
consequent loss of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
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(g) Retained Inspection and Corrective
Action, With Revised Service Information
This paragraph restates the requirements of
paragraph (g) of AD 2014–03–07, with
revised service information. For airplanes
identified in Boeing Service Bulletin MD11–
28–126, Revision 1, dated June 18, 2009:
Within 60 months after February 4, 2010 (the
effective date of AD 2009–26–16,
Amendment 39–16155 (74 FR 69249,
December 31, 2009)), do the actions specified
in paragraphs (g)(1) through (g)(5) of this AD,
and do all applicable corrective actions, in
accordance with the Accomplishment
Instructions of Boeing Service Bulletin
MD11–28–126, Revision 1, dated June 18,
2009; Revision 4, dated November 29, 2011;
or Revision 6, dated July 1, 2016; except as
required by paragraph (k) of this AD. As of
the effective date of this AD, only Boeing
Service Bulletin MD11–28–126, Revision 6,
dated July 1, 2016, may be used. Do all
applicable corrective actions before further
flight.
(1) Do a general visual inspection of the
wire bundles between Stations 1238.950 and
1361.000 to determine if wires touch the
upper surface of the center upper auxiliary
fuel tank, and mark the location, as
applicable.
(2) Do a detailed inspection for splices and
damage of all wire bundles above the center
upper auxiliary fuel tank between Stations
1218.950 and 1381.000.
(3) Do a detailed inspection for damage
(burn marks) of the upper surface of the
center upper auxiliary fuel tank.
(4) Do a detailed inspection for damage
(burn marks) on the fuel vapor barrier seal.
(5) Install a nonmetallic barrier/shield
sleeving, new clamps, new attaching
hardware, and a new extruded channel.
(h) Retained Additional Inspections and
Corrective Action, With Revised Service
Information
This paragraph restates the requirements of
paragraph (h) of AD 2014–03–07, with
revised service information. For airplanes in
Group 1, Configuration 2; Group 2,
Configuration 2; and Group 5, Configuration
2; as identified in Boeing Service Bulletin
MD11–28–126, Revision 4, dated November
29, 2011: Within 60 months after March 26,
2014 (the effective date of AD 2014–03–07),
do a detailed inspection of wire bundles for
splices and damage (chafing, arcing, and
broken insulation) and damage (burn marks)
on the upper surface of the center upper
auxiliary fuel tank and fuel vapor barrier
seal; install barrier/shield sleeving and
clamping; and do all applicable corrective
actions at the applicable locations specified
in paragraphs (h)(1) through (h)(3) of this AD,
in accordance with the Accomplishment
Instructions of Boeing Service Bulletin
MD11–28–126, Revision 4, dated November
29, 2011; or Boeing Service Bulletin MD11–
28–126, Revision 6, dated July 1, 2016;
except as required by paragraph (k) of this
AD. As of the effective date of this AD, only
Boeing Service Bulletin MD11–28–126,
Revision 6, dated July 1, 2016, may be used
for the actions required by this paragraph. Do
all applicable corrective actions before
further flight.
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(1) For Group 1, Configuration 2 airplanes,
between Stations 1238.950 and 1381.000,
Stations 1238.950 and 1256.000, and Stations
1238.950 and 1256.800, depending on
passenger or freighter configuration.
(2) For Group 2, Configuration 2 airplanes,
between Stations 1238.950 and 1275.250, and
Stations 1238.950 and 1275.250, passenger
configuration only.
(3) For Group 5, Configuration 2 airplanes,
between Stations 1381.000 and 1238.950.
(i) New Inspections and Corrective Actions
for Certain Airplanes
For Groups 1, 2, and 5 Configuration 2
airplanes, as identified in Boeing Service
Bulletin MD11–28–126, Revision 6, dated
July 1, 2016: Within 60 months after the
effective date of this AD, do the actions
required by paragraphs (i)(1) and (i)(2) of this
AD, in accordance with the Accomplishment
Instructions of Boeing Service Bulletin
MD11–28–126, Revision 6, dated July 1,
2016.
(1) Do a general visual inspection of the
wire bundles at the additional center upper
auxiliary fuel tank locations to determine if
wires touch the upper surface of the fuel
tank, and mark the location as applicable.
(2) Do a detailed inspection of the wire
bundles for splices and damage on the upper
surface of the center upper auxiliary fuel tank
and fuel vapor barrier seal; install barrier/
shield sleeving, clamping, and extruded
channels, as applicable; and do all applicable
corrective actions before further flight; except
as required by paragraph (k) of this AD.
(j) New Requirements for Line Number 579
For airplane Line Number 579: Within 60
months after the effective date of this AD, do
the actions specified in paragraphs (g)(1)
through (g)(5) of this AD, and do all
applicable corrective actions, in accordance
with the Accomplishment Instructions of
Boeing Service Bulletin MD11–28–126,
Revision 6, dated July 1, 2016, except as
required by paragraph (k) of this AD. Do all
applicable corrective actions before further
flight.
(k) Exception to Service Information
Specifications
Where Boeing Service Bulletin MD11–28–
126, Revision 1, dated June 18, 2009; Boeing
Service Bulletin MD11–28–126, Revision 4,
dated November 29, 2011; or Boeing Service
Bulletin MD11–28–126, Revision 6, dated
July 1, 2016; specifies to contact The Boeing
Company for repair instructions: Before
further flight, repair the auxiliary fuel tank
using a method approved in accordance with
the procedures specified in paragraph (m) of
this AD.
(l) Credit for Previous Actions
(1) This paragraph provides credit for
actions required by paragraph (g) of this AD,
if those actions were performed before March
26, 2014 (the effective date of AD 2014–03–
07), using the service information specified
in paragraphs (l)(1)(i) or (l)(1)(ii) of this AD.
(i) Boeing Service Bulletin MD11–28–126,
Revision 2, dated November 18, 2010.
(ii) Boeing Service Bulletin MD11–28–126,
Revision 3, dated June 3, 2011.
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39065
(2) This paragraph provides credit for
actions required by paragraph (h) of this AD,
if those actions were performed before March
26, 2014 (the effective date of AD 2014–03–
07), using Boeing Service Bulletin MD11–28–
126, Revision 3, dated June 3, 2011.
(m) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Los Angeles ACO Branch,
FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with
14 CFR 39.19, send your request to your
principal inspector or local Flight Standards
District Office, as appropriate. If sending
information directly to the manager of the
certification office, send it to the attention of
the person identified in paragraph (n)(1) of
this AD. Information may be emailed to:
9ANM-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) AMOCs approved previously for AD
2014–03–07 are approved as AMOCs for the
corresponding provisions of this AD.
(n) Related Information
(1) For more information about this AD,
contact Samuel Lee, Aerospace Engineer,
Propulsion Section, FAA, Los Angeles ACO
Branch, 3960 Paramount Boulevard,
Lakewood, CA 90712–4137; phone: 562–627–
5262; fax: 562–627–5210; email: samuel.lee@
faa.gov.
(2) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd.,
MC 110–SK57, Seal Beach, CA 90740;
telephone 562–797–1717; Internet https://
www.myboeingfleet.com. You may view this
referenced service information at the FAA,
Transport Standards Branch, 1601 Lind
Avenue SW., Renton, WA. For information
on the availability of this material at the
FAA, call 425–227–1221.
Issued in Renton, Washington, on July 28,
2017.
John P. Piccola, Jr.,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2017–16560 Filed 8–16–17; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2015–2891; Airspace
Docket No. 15–ANE–1]
Proposed Establishment of Class E
Airspace; Deblois, ME
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
E:\FR\FM\17AUP1.SGM
17AUP1
Agencies
[Federal Register Volume 82, Number 158 (Thursday, August 17, 2017)]
[Proposed Rules]
[Pages 39062-39065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16560]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2017-0770; Product Identifier 2017-NM-030-AD]
RIN 2120-AA64
Airworthiness Directives; The Boeing Company Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: We propose to supersede Airworthiness Directive (AD) 2014-03-
[[Page 39063]]
07, which applies to certain The Boeing Company Model MD-11 and MD-11F
airplanes. AD 2014-03-07 requires inspecting certain locations of the
wire bundles of the center upper auxiliary fuel tank for damage, and
corrective action if necessary. AD 2014-03-07 also requires installing
nonmetallic barrier/shield sleeving, new clamps, new attaching
hardware, and a new extruded channel. Since we issued AD 2014-03-07, we
determined that it is necessary to require an inspection of the wire
bundles for damage at additional center upper auxiliary fuel tank
locations on certain airplanes. This proposed AD would add that
inspection and expand the applicability. We are proposing this AD to
address the unsafe condition on these products.
DATES: We must receive comments on this proposed AD by October 2, 2017.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to 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.
For service information identified in this NPRM, contact Boeing
Commercial Airplanes, Attention: Contractual & Data Services (C&DS),
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740; telephone
562-797-1717; Internet https://www.myboeingfleet.com. You may view this
referenced service information at the FAA, Transport Standards Branch,
1601 Lind Avenue SW., Renton, WA. For information on the availability
of this material at the FAA, call 425-227-1221. It is also available on
the Internet at https://www.regulations.gov by searching for and
locating Docket No. FAA-2017-0770.
Examining the AD Docket
You may examine the AD docket on the Internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0770; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (phone: 800-647-5527) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Samuel Lee, Aerospace Engineer,
Propulsion Section, FAA, Los Angeles ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5262; fax: 562-627-
5210; email: samuel.lee@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-2017-0770;
Product Identifier 2017-NM-030-AD'' at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this proposed AD. We will consider
all comments received by the closing date and may amend this proposed
AD because of those comments.
We will post all comments we receive, without change, to 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
On January 21, 2014, we issued AD 2014-03-07, Amendment 39-17744
(79 FR 9392, February 19, 2014) (``AD 2014-03-07''), for certain The
Boeing Company Model MD-11 and MD-11F airplanes. AD 2014-03-07
superseded AD 2009-26-16, Amendment 39-16155 (74 FR 69249, December 31,
2009). AD 2014-03-07 requires inspecting certain locations of the wire
bundles of the center upper auxiliary fuel tank for damage, and
corrective action if necessary. AD 2014-03-07 also requires installing
nonmetallic barrier/shield sleeving, new clamps, new attaching
hardware, and a new extruded channel. AD 2014-03-07 resulted from
reports that identified additional locations where inspections and
corrective actions of the center upper auxiliary fuel tank are needed.
We issued AD 2014-03-07 to reduce the potential of ignition sources
inside fuel tanks, which, in combination with flammable fuel vapors,
could result in fuel tank explosions and consequent loss of the
airplane.
Actions Since AD 2014-03-07 Was Issued
Since we issued AD 2014-03-07, we determined that, for certain
airplanes, it is necessary to inspect the wire bundles at additional
center upper auxiliary fuel tank locations for damage. We have also
expanded the applicability to add one airplane (Line Number 579) that
is also affected by the identified unsafe condition.
Related Service Information Under 1 CFR Part 51
We reviewed Boeing Service Bulletin MD11-28-126, Revision 6, dated
July 1, 2016. This service information describes procedures for
inspecting certain wire bundles of the center auxiliary fuel tank for
damage, and repairing or replacing damaged wires. This service
information also describes procedures for installing barrier/shield
sleeving, clamping, and an extruded channel. This service information
is reasonably available because the interested parties have access to
it through their normal course of business or by the means identified
in the ADDRESSES section.
FAA's Determination
We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.
Proposed AD Requirements
This proposed AD would retain all requirements of AD 2014-03-07.
This proposed AD would add inspection requirements for certain
airplanes and expand the applicability. This proposed AD would require
accomplishing the actions specified in the service information
described previously, except as discussed under ``Difference between
this Proposed AD and Service Information.'' For information on the
procedures and compliance times, see this service information at https://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0770.
Difference Between This Proposed AD and Service Information
Boeing Service Bulletin MD11-28-126, Revision 6, dated July 1,
2016, specifies to contact the manufacturer for certain instructions,
but this proposed AD would require using repair methods, modification
deviations, and alteration deviations in one of the following ways:
In accordance with a method that we approve; or
Using data that meet the certification basis of the
airplane, and
[[Page 39064]]
that have been approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) whom we have authorized to make those
findings.
Costs of Compliance
We estimate that this proposed AD affects 125 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
----------------------------------------------------------------------------------------------------------------
Inspection/installation [retained 168 to 182 work- $15,708 to $29,988 to $43,475 $3,748,500 to
actions from AD 2009-26-16, hours x $85 per $28,005 per inspection $5,434,375 per
Amendment 39-16155 (74 FR 69249, hour = $14,280 to cycle. inspection cycle.
December 31, 2009)]. $15,470 per
inspection cycle.
Inspection/installation for Up to 9 work-hours $6,166 Up to $6,931....... Up to $866,375.
Groups 1, 2, and 5, all x $85 per hour =
Configuration 2 airplanes $765.
(retained actions from AD
2014[dash]03[dash]07).
Inspection/installation for Up to 4 work-hours $0 Up to $340......... Up to $42,500.
Groups 1, 2, and 5, all x $85 per hour =
Configuration 2 airplanes (new $340.
proposed action).
Inspection/installation for Line 4 work-hours x $85 $28,005 $340............... $28,345.
Number 579 (new proposed action). per hour = $340.
----------------------------------------------------------------------------------------------------------------
We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this proposed
AD.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes to the Director of the System Oversight
Division.
Regulatory Findings
We have determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify that the proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
(3) Will not affect intrastate aviation in Alaska, and
(4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by removing Airworthiness Directive (AD)
2014-03-07, Amendment 39-17744 (79 FR 9392, February 19, 2014), and
adding the following new AD:
The Boeing Company: Docket No. FAA-2017-0770; Product Identifier
2017-NM-030-AD.
(a) Comments Due Date
The FAA must receive comments on this AD action by October 2,
2017.
(b) Affected ADs
This AD replaces AD 2014-03-07, Amendment 39-17744 (79 FR 9392,
February 19, 2014) (``AD 2014-03-07'').
(c) Applicability
This AD applies to The Boeing Company Model MD-11 and MD-11F
airplanes, certificated in any category, as identified in Boeing
Service Bulletin MD11-28-126, Revision 6, dated July 1, 2016.
(d) Subject
Air Transport Association (ATA) of America Code 28, Fuel.
(e) Unsafe Condition
This AD was prompted by fuel system reviews conducted by the
manufacturer that indicated the need to inspect wire bundles at
certain locations of the center upper auxiliary fuel tanks in
addition to inspection locations required by AD 2014-03-07. We are
issuing this AD to reduce the potential of ignition sources inside
fuel tanks, which, in combination with flammable fuel vapors, could
result in fuel tank explosions and consequent loss of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
[[Page 39065]]
(g) Retained Inspection and Corrective Action, With Revised Service
Information
This paragraph restates the requirements of paragraph (g) of AD
2014-03-07, with revised service information. For airplanes
identified in Boeing Service Bulletin MD11-28-126, Revision 1, dated
June 18, 2009: Within 60 months after February 4, 2010 (the
effective date of AD 2009-26-16, Amendment 39-16155 (74 FR 69249,
December 31, 2009)), do the actions specified in paragraphs (g)(1)
through (g)(5) of this AD, and do all applicable corrective actions,
in accordance with the Accomplishment Instructions of Boeing Service
Bulletin MD11-28-126, Revision 1, dated June 18, 2009; Revision 4,
dated November 29, 2011; or Revision 6, dated July 1, 2016; except
as required by paragraph (k) of this AD. As of the effective date of
this AD, only Boeing Service Bulletin MD11-28-126, Revision 6, dated
July 1, 2016, may be used. Do all applicable corrective actions
before further flight.
(1) Do a general visual inspection of the wire bundles between
Stations 1238.950 and 1361.000 to determine if wires touch the upper
surface of the center upper auxiliary fuel tank, and mark the
location, as applicable.
(2) Do a detailed inspection for splices and damage of all wire
bundles above the center upper auxiliary fuel tank between Stations
1218.950 and 1381.000.
(3) Do a detailed inspection for damage (burn marks) of the
upper surface of the center upper auxiliary fuel tank.
(4) Do a detailed inspection for damage (burn marks) on the fuel
vapor barrier seal.
(5) Install a nonmetallic barrier/shield sleeving, new clamps,
new attaching hardware, and a new extruded channel.
(h) Retained Additional Inspections and Corrective Action, With Revised
Service Information
This paragraph restates the requirements of paragraph (h) of AD
2014-03-07, with revised service information. For airplanes in Group
1, Configuration 2; Group 2, Configuration 2; and Group 5,
Configuration 2; as identified in Boeing Service Bulletin MD11-28-
126, Revision 4, dated November 29, 2011: Within 60 months after
March 26, 2014 (the effective date of AD 2014-03-07), do a detailed
inspection of wire bundles for splices and damage (chafing, arcing,
and broken insulation) and damage (burn marks) on the upper surface
of the center upper auxiliary fuel tank and fuel vapor barrier seal;
install barrier/shield sleeving and clamping; and do all applicable
corrective actions at the applicable locations specified in
paragraphs (h)(1) through (h)(3) of this AD, in accordance with the
Accomplishment Instructions of Boeing Service Bulletin MD11-28-126,
Revision 4, dated November 29, 2011; or Boeing Service Bulletin
MD11-28-126, Revision 6, dated July 1, 2016; except as required by
paragraph (k) of this AD. As of the effective date of this AD, only
Boeing Service Bulletin MD11-28-126, Revision 6, dated July 1, 2016,
may be used for the actions required by this paragraph. Do all
applicable corrective actions before further flight.
(1) For Group 1, Configuration 2 airplanes, between Stations
1238.950 and 1381.000, Stations 1238.950 and 1256.000, and Stations
1238.950 and 1256.800, depending on passenger or freighter
configuration.
(2) For Group 2, Configuration 2 airplanes, between Stations
1238.950 and 1275.250, and Stations 1238.950 and 1275.250, passenger
configuration only.
(3) For Group 5, Configuration 2 airplanes, between Stations
1381.000 and 1238.950.
(i) New Inspections and Corrective Actions for Certain Airplanes
For Groups 1, 2, and 5 Configuration 2 airplanes, as identified
in Boeing Service Bulletin MD11-28-126, Revision 6, dated July 1,
2016: Within 60 months after the effective date of this AD, do the
actions required by paragraphs (i)(1) and (i)(2) of this AD, in
accordance with the Accomplishment Instructions of Boeing Service
Bulletin MD11-28-126, Revision 6, dated July 1, 2016.
(1) Do a general visual inspection of the wire bundles at the
additional center upper auxiliary fuel tank locations to determine
if wires touch the upper surface of the fuel tank, and mark the
location as applicable.
(2) Do a detailed inspection of the wire bundles for splices and
damage on the upper surface of the center upper auxiliary fuel tank
and fuel vapor barrier seal; install barrier/shield sleeving,
clamping, and extruded channels, as applicable; and do all
applicable corrective actions before further flight; except as
required by paragraph (k) of this AD.
(j) New Requirements for Line Number 579
For airplane Line Number 579: Within 60 months after the
effective date of this AD, do the actions specified in paragraphs
(g)(1) through (g)(5) of this AD, and do all applicable corrective
actions, in accordance with the Accomplishment Instructions of
Boeing Service Bulletin MD11-28-126, Revision 6, dated July 1, 2016,
except as required by paragraph (k) of this AD. Do all applicable
corrective actions before further flight.
(k) Exception to Service Information Specifications
Where Boeing Service Bulletin MD11-28-126, Revision 1, dated
June 18, 2009; Boeing Service Bulletin MD11-28-126, Revision 4,
dated November 29, 2011; or Boeing Service Bulletin MD11-28-126,
Revision 6, dated July 1, 2016; specifies to contact The Boeing
Company for repair instructions: Before further flight, repair the
auxiliary fuel tank using a method approved in accordance with the
procedures specified in paragraph (m) of this AD.
(l) Credit for Previous Actions
(1) This paragraph provides credit for actions required by
paragraph (g) of this AD, if those actions were performed before
March 26, 2014 (the effective date of AD 2014-03-07), using the
service information specified in paragraphs (l)(1)(i) or (l)(1)(ii)
of this AD.
(i) Boeing Service Bulletin MD11-28-126, Revision 2, dated
November 18, 2010.
(ii) Boeing Service Bulletin MD11-28-126, Revision 3, dated June
3, 2011.
(2) This paragraph provides credit for actions required by
paragraph (h) of this AD, if those actions were performed before
March 26, 2014 (the effective date of AD 2014-03-07), using Boeing
Service Bulletin MD11-28-126, Revision 3, dated June 3, 2011.
(m) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Los Angeles ACO Branch, FAA, has the authority
to approve AMOCs for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your
request to your principal inspector or local Flight Standards
District Office, as appropriate. If sending information directly to
the manager of the certification office, send it to the attention of
the person identified in paragraph (n)(1) of this AD. Information
may be emailed to: 9ANM-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) AMOCs approved previously for AD 2014-03-07 are approved as
AMOCs for the corresponding provisions of this AD.
(n) Related Information
(1) For more information about this AD, contact Samuel Lee,
Aerospace Engineer, Propulsion Section, FAA, Los Angeles ACO Branch,
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5262; fax: 562-627-5210; email: samuel.lee@faa.gov.
(2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740;
telephone 562-797-1717; Internet https://www.myboeingfleet.com. You
may view this referenced service information at the FAA, Transport
Standards Branch, 1601 Lind Avenue SW., Renton, WA. For information
on the availability of this material at the FAA, call 425-227-1221.
Issued in Renton, Washington, on July 28, 2017.
John P. Piccola, Jr.,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2017-16560 Filed 8-16-17; 8:45 am]
BILLING CODE 4910-13-P