Airworthiness Directives; The Boeing Company Airplanes, 39062-39065 [2017-16560]

Download as PDF 39062 Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Proposed Rules sradovich on DSK3GMQ082PROD with PROPOSALS 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 VerDate Sep<11>2014 17:29 Aug 16, 2017 Jkt 241001 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 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 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: E:\FR\FM\17AUP1.SGM 17AUP1 Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Proposed Rules 07, which applies to certain The Boeing Company Model MD–11 and MD–11F airplanes. AD 2014–03–07 requires inspecting certain locations of the wire bundles of the center upper auxiliary fuel tank for damage, and corrective action if necessary. AD 2014–03–07 also requires installing nonmetallic barrier/ shield sleeving, new clamps, new attaching hardware, and a new extruded channel. Since we issued AD 2014–03– 07, we determined that it is necessary to require an inspection of the wire bundles for damage at additional center upper auxiliary fuel tank locations on certain airplanes. This proposed AD would add that inspection and expand the applicability. We are proposing this AD to address the unsafe condition on these products. DATES: We must receive comments on this proposed AD by October 2, 2017. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments. • Fax: 202–493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. • Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this NPRM, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110–SK57, Seal Beach, CA 90740; telephone 562–797–1717; Internet https://www.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 http://www.regulations.gov by searching for and locating Docket No. FAA–2017– 0770. sradovich on DSK3GMQ082PROD with PROPOSALS Examining the AD Docket You may examine the AD docket on the Internet at http:// www.regulations.gov by searching for and locating Docket No. FAA–2017– 0770; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments VerDate Sep<11>2014 17:29 Aug 16, 2017 Jkt 241001 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 http:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion On January 21, 2014, we issued AD 2014–03–07, Amendment 39–17744 (79 FR 9392, February 19, 2014) (‘‘AD 2014– 03–07’’), for certain The Boeing Company Model MD–11 and MD–11F airplanes. AD 2014–03–07 superseded AD 2009–26–16, Amendment 39–16155 (74 FR 69249, December 31, 2009). AD 2014–03–07 requires inspecting certain locations of the wire bundles of the center upper auxiliary fuel tank for damage, and corrective action if necessary. AD 2014–03–07 also requires installing nonmetallic barrier/shield sleeving, new clamps, new attaching hardware, and a new extruded channel. AD 2014–03–07 resulted from reports that identified additional locations where inspections and corrective actions of the center upper auxiliary fuel tank are needed. We issued AD 2014–03–07 to reduce the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane. PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 39063 Actions Since AD 2014–03–07 Was Issued Since we issued AD 2014–03–07, we determined that, for certain airplanes, it is necessary to inspect the wire bundles at additional center upper auxiliary fuel tank locations for damage. We have also expanded the applicability to add one airplane (Line Number 579) that is also affected by the identified unsafe condition. Related Service Information Under 1 CFR Part 51 We reviewed Boeing Service Bulletin MD11–28–126, Revision 6, dated July 1, 2016. This service information describes procedures for inspecting certain wire bundles of the center auxiliary fuel tank for damage, and repairing or replacing damaged wires. This service information also describes procedures for installing barrier/shield sleeving, clamping, and an extruded channel. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. FAA’s Determination We are proposing this AD because we evaluated all the relevant information and determined the unsafe condition described previously is likely to exist or develop in other products of the same type design. Proposed AD Requirements This proposed AD would retain all requirements of AD 2014–03–07. This proposed AD would add inspection requirements for certain airplanes and expand the applicability. This proposed AD would require accomplishing the actions specified in the service information described previously, except as discussed under ‘‘Difference between this Proposed AD and Service Information.’’ For information on the procedures and compliance times, see this service information at http:// www.regulations.gov by searching for and locating Docket No. FAA–2017– 0770. Difference Between This Proposed AD and Service Information Boeing Service Bulletin MD11–28– 126, Revision 6, dated July 1, 2016, specifies to contact the manufacturer for certain instructions, but this proposed AD would require using repair methods, modification deviations, and alteration deviations in one of the following ways: • In accordance with a method that we approve; or • Using data that meet the certification basis of the airplane, and E:\FR\FM\17AUP1.SGM 17AUP1 39064 Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Proposed Rules 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 sradovich on DSK3GMQ082PROD with PROPOSALS 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. VerDate Sep<11>2014 17:29 Aug 16, 2017 Jkt 241001 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. PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 [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. E:\FR\FM\17AUP1.SGM 17AUP1 Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Proposed Rules sradovich on DSK3GMQ082PROD with PROPOSALS (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. VerDate Sep<11>2014 17:29 Aug 16, 2017 Jkt 241001 (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. PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 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).

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SUMMARY: We propose to supersede Airworthiness Directive (AD) 2014-03-

[[Page 39063]]

07, which applies to certain The Boeing Company Model MD-11 and MD-11F 
airplanes. AD 2014-03-07 requires inspecting certain locations of the 
wire bundles of the center upper auxiliary fuel tank for damage, and 
corrective action if necessary. AD 2014-03-07 also requires installing 
nonmetallic barrier/shield sleeving, new clamps, new attaching 
hardware, and a new extruded channel. Since we issued AD 2014-03-07, we 
determined that it is necessary to require an inspection of the wire 
bundles for damage at additional center upper auxiliary fuel tank 
locations on certain airplanes. This proposed AD would add that 
inspection and expand the applicability. We are proposing this AD to 
address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by October 2, 2017.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Boeing 
Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740; telephone 
562-797-1717; Internet https://www.myboeingfleet.com. You may view this 
referenced service information at the FAA, Transport Standards Branch, 
1601 Lind Avenue SW., Renton, WA. For information on the availability 
of this material at the FAA, call 425-227-1221. It is also available on 
the Internet at http://www.regulations.gov by searching for and 
locating Docket No. FAA-2017-0770.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0770; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this proposed AD, the regulatory evaluation, any comments 
received, and other information. The street address for the Docket 
Office (phone: 800-647-5527) is in the ADDRESSES section. Comments will 
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Samuel Lee, Aerospace Engineer, 
Propulsion Section, FAA, Los Angeles ACO Branch, 3960 Paramount 
Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5262; fax: 562-627-
5210; email: 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 http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    On January 21, 2014, we issued AD 2014-03-07, Amendment 39-17744 
(79 FR 9392, February 19, 2014) (``AD 2014-03-07''), for certain The 
Boeing Company Model MD-11 and MD-11F airplanes. AD 2014-03-07 
superseded AD 2009-26-16, Amendment 39-16155 (74 FR 69249, December 31, 
2009). AD 2014-03-07 requires inspecting certain locations of the wire 
bundles of the center upper auxiliary fuel tank for damage, and 
corrective action if necessary. AD 2014-03-07 also requires installing 
nonmetallic barrier/shield sleeving, new clamps, new attaching 
hardware, and a new extruded channel. AD 2014-03-07 resulted from 
reports that identified additional locations where inspections and 
corrective actions of the center upper auxiliary fuel tank are needed. 
We issued AD 2014-03-07 to reduce the potential of ignition sources 
inside fuel tanks, which, in combination with flammable fuel vapors, 
could result in fuel tank explosions and consequent loss of the 
airplane.

Actions Since AD 2014-03-07 Was Issued

    Since we issued AD 2014-03-07, we determined that, for certain 
airplanes, it is necessary to inspect the wire bundles at additional 
center upper auxiliary fuel tank locations for damage. We have also 
expanded the applicability to add one airplane (Line Number 579) that 
is also affected by the identified unsafe condition.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Service Bulletin MD11-28-126, Revision 6, dated 
July 1, 2016. This service information describes procedures for 
inspecting certain wire bundles of the center auxiliary fuel tank for 
damage, and repairing or replacing damaged wires. This service 
information also describes procedures for installing barrier/shield 
sleeving, clamping, and an extruded channel. This service information 
is reasonably available because the interested parties have access to 
it through their normal course of business or by the means identified 
in the ADDRESSES section.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would retain all requirements of AD 2014-03-07. 
This proposed AD would add inspection requirements for certain 
airplanes and expand the applicability. This proposed AD would require 
accomplishing the actions specified in the service information 
described previously, except as discussed under ``Difference between 
this Proposed AD and Service Information.'' For information on the 
procedures and compliance times, see this service information at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0770.

Difference Between This Proposed AD and Service Information

    Boeing Service Bulletin MD11-28-126, Revision 6, dated July 1, 
2016, specifies to contact the manufacturer for certain instructions, 
but this proposed AD would require using repair methods, modification 
deviations, and alteration deviations in one of the following ways:
     In accordance with a method that we approve; or
     Using data that meet the certification basis of the 
airplane, and

[[Page 39064]]

that have been approved by the Boeing Commercial Airplanes Organization 
Designation Authorization (ODA) whom we have authorized to make those 
findings.

Costs of Compliance

    We estimate that this proposed AD affects 125 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost     Cost per  product        operators
----------------------------------------------------------------------------------------------------------------
Inspection/installation [retained  168 to 182 work-         $15,708 to  $29,988 to $43,475   $3,748,500 to
 actions from AD 2009-26-16,        hours x $85 per            $28,005   per inspection       $5,434,375 per
 Amendment 39-16155 (74 FR 69249,   hour = $14,280 to                    cycle.               inspection cycle.
 December 31, 2009)].               $15,470 per
                                    inspection cycle.
Inspection/installation for        Up to 9 work-hours           $6,166  Up to $6,931.......  Up to $866,375.
 Groups 1, 2, and 5, all            x $85 per hour =
 Configuration 2 airplanes          $765.
 (retained actions from AD
 2014[dash]03[dash]07).
Inspection/installation for        Up to 4 work-hours               $0  Up to $340.........  Up to $42,500.
 Groups 1, 2, and 5, all            x $85 per hour =
 Configuration 2 airplanes (new     $340.
 proposed action).
Inspection/installation for Line   4 work-hours x $85          $28,005  $340...............  $28,345.
 Number 579 (new proposed action).  per hour = $340.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this proposed 
AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.
    This proposed AD is issued in accordance with authority delegated 
by the Executive Director, Aircraft Certification Service, as 
authorized by FAA Order 8000.51C. In accordance with that order, 
issuance of ADs is normally a function of the Compliance and 
Airworthiness Division, but during this transition period, the 
Executive Director has delegated the authority to issue ADs applicable 
to transport category airplanes to the Director of the System Oversight 
Division.

Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that the proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD) 
2014-03-07, Amendment 39-17744 (79 FR 9392, February 19, 2014), and 
adding the following new AD:

The Boeing Company: Docket No. FAA-2017-0770; Product Identifier 
2017-NM-030-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by October 2, 
2017.

(b) Affected ADs

    This AD replaces AD 2014-03-07, Amendment 39-17744 (79 FR 9392, 
February 19, 2014) (``AD 2014-03-07'').

(c) Applicability

    This AD applies to The Boeing Company Model MD-11 and MD-11F 
airplanes, certificated in any category, as identified in Boeing 
Service Bulletin MD11-28-126, Revision 6, dated July 1, 2016.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Unsafe Condition

    This AD was prompted by fuel system reviews conducted by the 
manufacturer that indicated the need to inspect wire bundles at 
certain locations of the center upper auxiliary fuel tanks in 
addition to inspection locations required by AD 2014-03-07. We are 
issuing this AD to reduce the potential of ignition sources inside 
fuel tanks, which, in combination with flammable fuel vapors, could 
result in fuel tank explosions and consequent loss of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

[[Page 39065]]

(g) Retained Inspection and Corrective Action, With Revised Service 
Information

    This paragraph restates the requirements of paragraph (g) of AD 
2014-03-07, with revised service information. For airplanes 
identified in Boeing Service Bulletin MD11-28-126, Revision 1, dated 
June 18, 2009: Within 60 months after February 4, 2010 (the 
effective date of AD 2009-26-16, Amendment 39-16155 (74 FR 69249, 
December 31, 2009)), do the actions specified in paragraphs (g)(1) 
through (g)(5) of this AD, and do all applicable corrective actions, 
in accordance with the Accomplishment Instructions of Boeing Service 
Bulletin MD11-28-126, Revision 1, dated June 18, 2009; Revision 4, 
dated November 29, 2011; or Revision 6, dated July 1, 2016; except 
as required by paragraph (k) of this AD. As of the effective date of 
this AD, only Boeing Service Bulletin MD11-28-126, Revision 6, dated 
July 1, 2016, may be used. Do all applicable corrective actions 
before further flight.
    (1) Do a general visual inspection of the wire bundles between 
Stations 1238.950 and 1361.000 to determine if wires touch the upper 
surface of the center upper auxiliary fuel tank, and mark the 
location, as applicable.
    (2) Do a detailed inspection for splices and damage of all wire 
bundles above the center upper auxiliary fuel tank between Stations 
1218.950 and 1381.000.
    (3) Do a detailed inspection for damage (burn marks) of the 
upper surface of the center upper auxiliary fuel tank.
    (4) Do a detailed inspection for damage (burn marks) on the fuel 
vapor barrier seal.
    (5) Install a nonmetallic barrier/shield sleeving, new clamps, 
new attaching hardware, and a new extruded channel.

(h) Retained Additional Inspections and Corrective Action, With Revised 
Service Information

    This paragraph restates the requirements of paragraph (h) of AD 
2014-03-07, with revised service information. For airplanes in Group 
1, Configuration 2; Group 2, Configuration 2; and Group 5, 
Configuration 2; as identified in Boeing Service Bulletin MD11-28-
126, Revision 4, dated November 29, 2011: Within 60 months after 
March 26, 2014 (the effective date of AD 2014-03-07), do a detailed 
inspection of wire bundles for splices and damage (chafing, arcing, 
and broken insulation) and damage (burn marks) on the upper surface 
of the center upper auxiliary fuel tank and fuel vapor barrier seal; 
install barrier/shield sleeving and clamping; and do all applicable 
corrective actions at the applicable locations specified in 
paragraphs (h)(1) through (h)(3) of this AD, in accordance with the 
Accomplishment Instructions of Boeing Service Bulletin MD11-28-126, 
Revision 4, dated November 29, 2011; or Boeing Service Bulletin 
MD11-28-126, Revision 6, dated July 1, 2016; except as required by 
paragraph (k) of this AD. As of the effective date of this AD, only 
Boeing Service Bulletin MD11-28-126, Revision 6, dated July 1, 2016, 
may be used for the actions required by this paragraph. Do all 
applicable corrective actions before further flight.
    (1) For Group 1, Configuration 2 airplanes, between Stations 
1238.950 and 1381.000, Stations 1238.950 and 1256.000, and Stations 
1238.950 and 1256.800, depending on passenger or freighter 
configuration.
    (2) For Group 2, Configuration 2 airplanes, between Stations 
1238.950 and 1275.250, and Stations 1238.950 and 1275.250, passenger 
configuration only.
    (3) For Group 5, Configuration 2 airplanes, between Stations 
1381.000 and 1238.950.

(i) New Inspections and Corrective Actions for Certain Airplanes

    For Groups 1, 2, and 5 Configuration 2 airplanes, as identified 
in Boeing Service Bulletin MD11-28-126, Revision 6, dated July 1, 
2016: Within 60 months after the effective date of this AD, do the 
actions required by paragraphs (i)(1) and (i)(2) of this AD, in 
accordance with the Accomplishment Instructions of Boeing Service 
Bulletin MD11-28-126, Revision 6, dated July 1, 2016.
    (1) Do a general visual inspection of the wire bundles at the 
additional center upper auxiliary fuel tank locations to determine 
if wires touch the upper surface of the fuel tank, and mark the 
location as applicable.
    (2) Do a detailed inspection of the wire bundles for splices and 
damage on the upper surface of the center upper auxiliary fuel tank 
and fuel vapor barrier seal; install barrier/shield sleeving, 
clamping, and extruded channels, as applicable; and do all 
applicable corrective actions before further flight; except as 
required by paragraph (k) of this AD.

(j) New Requirements for Line Number 579

    For airplane Line Number 579: Within 60 months after the 
effective date of this AD, do the actions specified in paragraphs 
(g)(1) through (g)(5) of this AD, and do all applicable corrective 
actions, in accordance with the Accomplishment Instructions of 
Boeing Service Bulletin MD11-28-126, Revision 6, dated July 1, 2016, 
except as required by paragraph (k) of this AD. Do all applicable 
corrective actions before further flight.

(k) Exception to Service Information Specifications

    Where Boeing Service Bulletin MD11-28-126, Revision 1, dated 
June 18, 2009; Boeing Service Bulletin MD11-28-126, Revision 4, 
dated November 29, 2011; or Boeing Service Bulletin MD11-28-126, 
Revision 6, dated July 1, 2016; specifies to contact The Boeing 
Company for repair instructions: Before further flight, repair the 
auxiliary fuel tank using a method approved in accordance with the 
procedures specified in paragraph (m) of this AD.

(l) Credit for Previous Actions

    (1) This paragraph provides credit for actions required by 
paragraph (g) of this AD, if those actions were performed before 
March 26, 2014 (the effective date of AD 2014-03-07), using the 
service information specified in paragraphs (l)(1)(i) or (l)(1)(ii) 
of this AD.
    (i) Boeing Service Bulletin MD11-28-126, Revision 2, dated 
November 18, 2010.
    (ii) Boeing Service Bulletin MD11-28-126, Revision 3, dated June 
3, 2011.
    (2) This paragraph provides credit for actions required by 
paragraph (h) of this AD, if those actions were performed before 
March 26, 2014 (the effective date of AD 2014-03-07), using Boeing 
Service Bulletin MD11-28-126, Revision 3, dated June 3, 2011.

(m) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles ACO Branch, FAA, has the authority 
to approve AMOCs for this AD, if requested using the procedures 
found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your 
request to your principal inspector or local Flight Standards 
District Office, as appropriate. If sending information directly to 
the manager of the certification office, send it to the attention of 
the person identified in paragraph (n)(1) of this AD. Information 
may be emailed to: 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