Airworthiness Directives; The Boeing Company Airplanes, 42749-42755 [2020-15127]

Download as PDF Federal Register / Vol. 85, No. 136 / Wednesday, July 15, 2020 / Proposed Rules (3) The initial compliance time for doing the tasks specified in paragraph (3) of EASA AD 2019–0141 is at the applicable ‘‘associated thresholds’’ specified in paragraph (3) of EASA AD 2019–0141, or within 90 days after the effective date of this AD, whichever occurs later. (4) The ‘‘Remarks’’ section of EASA AD 2019–0141 does not apply to this AD. (k) New Provisions for Alternative Actions and Intervals After the maintenance or inspection program has been revised as required by paragraph (i) of this AD, no alternative actions (e.g., inspections) or intervals are allowed except as specified in the provisions of the ‘‘Ref. Publications’’ section of EASA AD 2019–0141. khammond on DSKJM1Z7X2PROD with PROPOSALS (l) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, Large Aircraft Section, International Validation 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 Large Aircraft Section, International Validation Branch, send it to the attention of the person identified in paragraph (m)(4) of this AD. Information may be emailed to: 9-ANM-116AMOC-REQUESTS@faa.gov. (i) 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. (ii) AMOCs approved previously for AD 2019–07–01 are approved as AMOCs for the corresponding provisions of EASA AD 2019– 0141 that are required by paragraph (g) of this AD. (2) Contacting the Manufacturer: For any requirement in this AD to obtain instructions from a manufacturer, the instructions must be accomplished using a method approved by the Manager, Large Aircraft Section, International Validation Branch, FAA; or EASA; or Dassault Aviation’s EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature. (m) Related Information (1) For information about EASA AD 2019– 0141, contact the EASA, Konrad-AdenauerUfer 3, 50668 Cologne, Germany; telephone +49 221 89990 6017; email ADs@ easa.europa.eu; Internet www.easa.europa.eu. You may find this EASA AD on the EASA website at https:// ad.easa.europa.eu. (2) For information about the Dassault material identified in this AD, contact Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000, South Hackensack, NJ 07606; telephone 201–440–6700; internet https://www.dassaultfalcon.com. (3) You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des VerDate Sep<11>2014 16:30 Jul 14, 2020 Jkt 250001 Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. This material may be found in the AD docket on the internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2020–0582. (4) For more information about this AD, contact Tom Rodriguez, Aerospace Engineer, Large Aircraft Section, International Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206–231–3226; email tom.rodriguez@ faa.gov. Issued on July 8, 2020. Gaetano A. Sciortino, Deputy Director for Strategic Initiatives, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2020–15126 Filed 7–14–20; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2020–0580; Product Identifier 2020–NM–052–AD] RIN 2120–AA64 Airworthiness Directives; The Boeing Company Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: The FAA proposes to supersede Airworthiness Directive (AD) 2019–02–03, which applies to all The Boeing Company Model 787–8, 787–9, and 787–10 airplanes. AD 2019–02–03 requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. Since the FAA issued AD 2019–02–03, the manufacturer has developed a new fire handle design that will eliminate the need for the airworthiness limitations required by AD 2019–02–03. This proposed AD would retain the requirements of AD 2019–02–03 and would require incorporation of an airworthiness limitation which applies only to certain airplanes. This proposed AD would also require replacing or modifying certain engine fire control panels, which would terminate the revised airworthiness limitation when a certain condition is met. The FAA is proposing this AD to address the unsafe condition on these products. DATES: The FAA must receive comments on this proposed AD by August 31, 2020. SUMMARY: PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 42749 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 90740–5600; telephone 562–797–1717; internet https:// www.myboeingfleet.com. You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA–2020–0580. ADDRESSES: 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–2020– 0580; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this NPRM, any comments received, and other information. The street address for Docket Operations is listed above. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Tak Kobayashi, Aerospace Engineer, Propulsion Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206– 231–3553; email: takahisa.kobayashi@ faa.gov. SUPPLEMENTARY INFORMATION: Comments Invited The FAA invites 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–2020–0580; Product Identifier 2020–NM–052–AD’’ at the beginning of your comments. The FAA E:\FR\FM\15JYP1.SGM 15JYP1 42750 Federal Register / Vol. 85, No. 136 / Wednesday, July 15, 2020 / Proposed Rules specifically invites comments on the overall regulatory, economic, environmental, and energy aspects of this NPRM. The FAA will consider all comments received by the closing date and may amend this NPRM because of those comments. The FAA will post all comments received, without change, to https:// www.regulations.gov, including any personal information you provide. The FAA will also post a report summarizing each substantive verbal contact received about this proposed AD. Discussion The FAA issued AD 2019–02–03, Amendment 39–19550 (84 FR 2437, February 7, 2019) (‘‘AD 2019–02–03’’), for all The Boeing Company Model 787– 8, 787–9, and 787–10 airplanes. AD 2019–02–03 requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. AD 2019–02–03 resulted from reports of warpage of internal engine fire handle components, which can cause binding and prevent proper operation. The FAA issued AD 2019– 02–03 to address a latent failure of the engine fire handle, which could result in the inability to extinguish an engine fire that, if uncontrollable, could lead to wing failure. khammond on DSKJM1Z7X2PROD with PROPOSALS Actions Since AD 2019–02–03 Was Issued The preamble to AD 2019–02–03 explains that the FAA considered the requirements ‘‘interim action’’ and was considering further rulemaking. Since the FAA issued AD 2019–02–03, the manufacturer developed a new fire handle design for the engine fire control panel. The FAA has determined that replacement with a new or modified engine fire control panel addresses the unsafe condition and will eliminate the need for the airworthiness limitations required by AD 2019–02–03. Therefore, the FAA has determined that the airworthiness limitations required by AD 2019–02–03 should be revised to limit its applicability to airplanes equipped with the old design—an engine fire control panel having part number (P/N) 412600–001 or an engine fire shutoff switch having P/N 417000– 101 or 417000–102. The FAA has also determined that once the new or modified engine fire control panel is installed on all affected airplanes in an VerDate Sep<11>2014 16:30 Jul 14, 2020 Jkt 250001 operator’s fleet, the revised airworthiness limitation may be removed. Related Service Information Under 1 CFR Part 51 The FAA reviewed Boeing Requirements Bulletin B787–81205– SB260008–00 RB, Issue 001, dated March 10, 2020. The service information describes procedures for replacing the engine fire control panel with a new or modified panel. 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 The FAA is proposing this AD because the agency 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 actions of AD 2019–02–03. This proposed AD would also require revising the existing maintenance or inspection program, as applicable, to incorporate an airworthiness limitation that applies to airplanes equipped with an engine fire control panel having part number (P/N) 412600–001, or an engine fire shutoff switch having P/N 417000– 101 or P/N 417000–102. This proposed AD would also require accomplishment of the actions identified in Boeing Requirements Bulletin B787–81205– SB260008–00 RB, Issue 001, dated March 10, 2020, described previously, except for any differences identified as exceptions in the regulatory text of this proposed AD. 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–2020– 0580. This proposed AD would require revisions to certain operator maintenance documents to include new actions (e.g., inspections). Compliance with these actions is required by 14 CFR 91.403(c). For airplanes that have been previously modified, altered, or repaired in the areas addressed by this proposed AD, the operator may not be able to accomplish the actions described in the PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 revisions. In this situation, to comply with 14 CFR 91.403(c), the operator must request approval for an alternative method of compliance (AMOC) according to paragraph (o) of this proposed AD. Explanation of Requirements Bulletin The FAA worked in conjunction with industry, under the Airworthiness Directive Implementation Aviation Rulemaking Committee (AD ARC), to enhance the AD system. One enhancement is a process for annotating which steps in the service information are ‘‘required for compliance’’ (RC) with an AD. Boeing has implemented this RC concept into Boeing service bulletins. In an effort to further improve the quality of ADs and AD-related Boeing service information, a joint process improvement initiative was worked between the FAA and Boeing. The initiative resulted in the development of a new process in which the service information more clearly identifies the actions needed to address the unsafe condition in the ‘‘Accomplishment Instructions.’’ The new process results in a Boeing Requirements Bulletin, which contains only the actions needed to address the unsafe condition (i.e., only the RC actions). Costs of Compliance The FAA estimates that this proposed AD affects 122 airplanes of U.S. registry. The FAA estimates the following costs to comply with this proposed AD: The FAA estimates the total cost per operator for the retained actions from AD 2019–02–03 to be $7,650 (90 workhours × $85 per work-hour). The FAA has determined that revising the existing maintenance or inspection program takes an average of 90 workhours per operator, although the agency recognizes that this number may vary from operator to operator. In the past, the agency has estimated that this action takes 1 work-hour per airplane. Since operators incorporate maintenance or inspection program changes for their affected fleet(s), the FAA has determined that a per-operator estimate is more accurate than a per-airplane estimate. The FAA estimates the total cost per operator for the new proposed maintenance or inspection program revision to be $7,650 (90 work-hours × $85 per work-hour). E:\FR\FM\15JYP1.SGM 15JYP1 42751 Federal Register / Vol. 85, No. 136 / Wednesday, July 15, 2020 / Proposed Rules ESTIMATED COSTS FOR REQUIRED REPLACEMENT OR MODIFICATION Action Labor cost Replacement or modification .......................... 2 work-hours × $85 per hour = $170 ............. According to the manufacturer, some or all of the costs of this proposed AD may be covered under warranty, thereby reducing the cost impact on affected individuals. The FAA does not control warranty coverage for affected individuals. As a result, the FAA has included all known costs in our cost estimate. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA’s authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency’s authority. The FAA is issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, ‘‘General requirements.’’ Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings khammond on DSKJM1Z7X2PROD with PROPOSALS The FAA has 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. VerDate Sep<11>2014 16:30 Jul 14, 2020 Jkt 250001 Parts cost For the reasons discussed above, I certify that the proposed regulation: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866, (2) Will not affect intrastate aviation in Alaska, and (3) 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: 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. [Amended] 2. The FAA amends § 39.13 by removing Airworthiness Directive (AD) 2019–02–03, Amendment 39–19550 (84 FR 2437, February 7, 2019), and adding the following new AD: ■ The Boeing Company: Docket No. FAA– 2020–0580; Product Identifier 2020– NM–052–AD. (a) Comments Due Date The FAA must receive comments on this AD action by August 31, 2020. PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 $5,000 $5,170 Cost on U.S. operators $630,740 (b) Affected ADs This AD replaces AD 2019–02–03, Amendment 39–19550 (84 FR 2437, February 7, 2019) (‘‘AD 2019–02–03’’). (c) Applicability This AD applies to all The Boeing Company Model 787–8, 787–9, and 787–10 airplanes, certificated in any category. (d) Subject Air Transport Association (ATA) of America Code 26, Fire protection. (e) Unsafe Condition This AD was prompted by reports of warpage of internal engine fire handle components that can cause binding and prevent proper operation, and by the development of a new fire handle design that will prevent the unsafe condition. The FAA is issuing this AD to address a latent failure of the engine fire handle, which could result in the inability to extinguish an engine fire that, if uncontrollable, could lead to wing failure. (f) Compliance PART 39—AIRWORTHINESS DIRECTIVES § 39.13 Cost per product Comply with this AD within the compliance times specified, unless already done. (g) Retained Maintenance/Inspection Program Revision, With No Changes This paragraph restates the requirements of paragraph (g) of AD 2019–02–03, with no changes. Within 14 days after February 22, 2019 (the effective date of AD 2019–02–03), revise the existing maintenance or inspection program, as applicable, to add airworthiness limitation 28–AWL–FIRE, by incorporating the information specified in figure 1 to paragraph (g) of this AD into the Airworthiness Limitations Section of the Instructions for Continued Airworthiness. The initial compliance time for accomplishing the actions specified in figure 1 to paragraph (g) of this AD is within 45 days after February 22, 2019. BILLING CODE 4910–13–P E:\FR\FM\15JYP1.SGM 15JYP1 Federal Register / Vol. 85, No. 136 / Wednesday, July 15, 2020 / Proposed Rules (h) Retained Restrictions on Alternative Actions and Intervals, With New Exception This paragraph restates the requirements of paragraph (h) of AD 2019–02–03, with a new exception. Except as required by paragraph (k) of this AD: After accomplishment of the existing maintenance or inspection program revision required by paragraph (g) of this AD, no alternative actions (e.g., inspections) or intervals may be used unless the actions or VerDate Sep<11>2014 16:30 Jul 14, 2020 Jkt 250001 intervals are approved as an alternative method of compliance (AMOC) in accordance with the procedures specified in paragraph (o) of this AD. (i) New Required Actions For the airplanes identified in Boeing Requirements Bulletin B787–81205– SB260008–00 RB, Issue 001, dated March 10, 2020: At the applicable times specified in the ‘‘Compliance’’ paragraph of Boeing PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 Requirements Bulletin B787–81205– SB260008–00 RB, Issue 001, dated March 10, 2020, except as specified by paragraph (j) of this AD, do all applicable actions identified in, and in accordance with, the Accomplishment Instructions of Boeing Requirements Bulletin B787–81205– SB260008–00 RB, Issue 001, dated March 10, 2020. Note 1 to paragraph (i): Guidance for accomplishing the actions required by E:\FR\FM\15JYP1.SGM 15JYP1 EP15JY20.000</GPH> khammond on DSKJM1Z7X2PROD with PROPOSALS 42752 Federal Register / Vol. 85, No. 136 / Wednesday, July 15, 2020 / Proposed Rules paragraph (i) of this AD can be found in Boeing Service Bulletin B787–81205– SB260008–00, Issue 001, dated March 10, 2020, which is referred to in Boeing Requirements Bulletin B787–81205– SB260008–00 RB, Issue 001, dated March 10, 2020. (j) Exception to Service Information Specifications khammond on DSKJM1Z7X2PROD with PROPOSALS Where Boeing Requirements Bulletin B787–81205–SB260008–00 RB, Issue 001, dated March 10, 2020, uses the phrase ‘‘the issue 001 date of Requirements Bulletin VerDate Sep<11>2014 16:30 Jul 14, 2020 Jkt 250001 B787–81205–SB260008–00 RB,’’ this AD requires using ‘‘the effective date of this AD.’’ (k) New Maintenance/Inspection Program Revision Prior to or concurrently with the actions specified in paragraph (i) of this AD, or within 30 days after the effective date of the AD, whichever occurs later: Revise the existing maintenance or inspection program, as applicable, by incorporating the information specified in figure 2 to paragraph (k) of this AD into the Airworthiness Limitations Section of the Instructions for PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 42753 Continued Airworthiness. It is acceptable to change the limitation number from 28–AWL– FIRE to 26–AWL–FIRE, provided the rest of the information in figure 2 to paragraph (k) of this AD remains unchanged. The initial compliance time for accomplishing the actions specified in figure 2 to paragraph (k) of this AD is within 30 days after accomplishing the last 28–AWL–FIRE or 26– AWL–FIRE task, as applicable. Accomplishing the revision required by this paragraph terminates the actions required by paragraph (g) of this AD. E:\FR\FM\15JYP1.SGM 15JYP1 Federal Register / Vol. 85, No. 136 / Wednesday, July 15, 2020 / Proposed Rules BILLING CODE 4910–13–C (l) New Restrictions on Alternative Actions and Intervals After accomplishment of the existing maintenance or inspection program revision required by paragraph (k) of this AD, no alternative actions (e.g., inspections) or intervals may be used unless the actions or intervals are approved as an AMOC in VerDate Sep<11>2014 16:30 Jul 14, 2020 Jkt 250001 accordance with the procedures specified in paragraph (o) of this AD. (m) Terminating Action for Repetitive Inspections Accomplishment of the actions required by paragraph (i) of this AD on all affected airplanes in an operator’s fleet terminates the requirements of paragraph (k) of this AD. PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 (n) Parts Installation Prohibition As of the effective date of this AD, no person may install on any airplane any engine fire control panel having part number (P/N) 412600–001, or any engine fire shutoff switch having P/N 417000–101 or P/N 417000–102. E:\FR\FM\15JYP1.SGM 15JYP1 EP15JY20.001</GPH> khammond on DSKJM1Z7X2PROD with PROPOSALS 42754 Federal Register / Vol. 85, No. 136 / Wednesday, July 15, 2020 / Proposed Rules (o) Alternative Methods of Compliance (AMOCs) COMMODITY FUTURES TRADING COMMISSION (1) The Manager, Seattle 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 (p)(1) of this AD. Information may be emailed to: 9ANM-Seattle-ACO-AMOC-Requests@faa.gov. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. (3) An AMOC that provides an acceptable level of safety may be used for any repair, modification, or alteration required by this AD if it is approved by The Boeing Company Organization Designation Authorization (ODA) that has been authorized by the Manager, Seattle ACO Branch, FAA, to make those findings. To be approved, the repair method, modification deviation, or alteration deviation must meet the certification basis of the airplane, and the approval must specifically refer to this AD. (4) AMOCs approved previously for AD 2019–02–03 are approved as AMOCs for the corresponding provisions of paragraph (g) of this AD. (p) Related Information khammond on DSKJM1Z7X2PROD with PROPOSALS (1) For more information about this AD, contact Tak Kobayashi, Aerospace Engineer, Propulsion Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206–231–3553; email: takahisa.kobayashi@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 90740–5600; telephone 562–797–1717; internet https:// www.myboeingfleet.com. You may view this referenced service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. Issued on July 7, 2020. Lance T. Gant, Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2020–15127 Filed 7–14–20; 8:45 am] BILLING CODE 4910–13–P VerDate Sep<11>2014 16:30 Jul 14, 2020 Jkt 250001 17 CFR Parts 1, 38, 40, and 170 RIN 3038–AD52 Regulation Automated Trading; Withdrawal Commodity Futures Trading Commission. ACTION: Proposed rule; withdrawal. AGENCY: On December 17, 2015, the Commodity Futures Trading Commission (‘‘CFTC’’ or the ‘‘Commission’’) published a notice of proposed rulemaking, Regulation Automated Trading (‘‘Regulation AT NPRM’’). On November 25, 2016, the Commission issued a supplemental notice of proposed rulemaking to modify certain rules in the Regulation AT NPRM (‘‘Supplemental Regulation AT NPRM’’). In light of feedback the Commission received in response to the Regulation AT NPRM and Supplemental Regulation AT NPRM (together, the ‘‘Regulation AT NPRMs’’), the Commission has determined to withdraw the Regulation AT NPRMs and reject certain policy approaches relating to the regulation of automated trading contained therein. DATES: The Commodity Futures Trading Commission is withdrawing proposed rules published on December 17, 2015 (80 FR 78824) and November 25, 2016 (81 FR 85334) as of July 15, 2020. ADDRESSES: Comments previously submitted in response to the Regulation AT NPRMs remain on file at the Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581 and may also be accessed via the CFTC Comments Portal: https:// comments.cftc.gov. FOR FURTHER INFORMATION CONTACT: Marilee Dahlman, Special Counsel, Division of Market Oversight, mdahlman@cftc.gov or 202–418–5264; Joseph Otchin, Special Counsel, Division of Market Oversight, jotchin@ cftc.gov or 202–418–5623; Esen Onur, eonur@cftc.gov or 202–418–6146, Office of the Chief Economist; in each case at the Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581. SUPPLEMENTARY INFORMATION: On December 17, 2015, the Commission issued the Regulation AT NPRM, which proposed pre-trade risk controls at three levels in the life-cycle of an order executed on a designated contract market (‘‘DCM’’), including: (i) Certain SUMMARY: PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 42755 trading firms designated as automated traders (‘‘AT Persons’’); (ii) futures commission merchants (‘‘FCMs’’); and (iii) designated contract markets (‘‘DCMs’’).1 In response to the Regulation AT NPRM, the Commission received 54 comment letters from exchanges, industry trade associations, public interest organizations, and others. The views expressed in the comment letters included, among other things, (i) opposition to the proposed three-level risk control framework; (ii) opposition to identification and registration of AT Persons; (iii) opposition to provisions relating to source code preservation and accessibility to the Commission without a subpoena; and (iv) opposition to prescriptive, one-sized fits all rules. On June 10, 2016, Commission staff held a public roundtable to discuss elements of the Regulation AT NRPM. In connection with the roundtable, the Commission reopened the Regulation AT NPRM comment period and received 19 additional comment letters, all of which also expressed concern with Regulation AT. On November 25, 2016, following the conclusion of the reopened comment period, the Commission issued the Supplemental Regulation AT NPRM.2 The Supplemental Regulation AT NPRM proposed a revised framework with pre-trade risk controls at two levels (instead of the initially proposed three levels) in the life-cycle of an order, including: (1) The AT Person or the FCM; and (2) the DCM. In addition, the Supplemental Regulation AT NPRM proposed some modifications to the risk control framework, trading firm registration criteria, reporting requirements, source code provisions, and compliance options for trading firms that use third-party algorithmic trading systems. The Commission received 27 comment letters during the comment period for the Supplemental Regulation AT NPRM. Commenters asserted, among other things, that (i) the proposed rules were overly prescriptive and, if the Commission was intent on proceeding with a rulemaking, should be principles-based; (ii) the proposed rules could result in redundant or overlapping risk controls; and (iii) the benefits of the proposed rules were not commensurate with the costs. The Commission had proposed the Regulation AT NPRM and Supplemental Regulation AT NPRM based on certain assumptions about the relative risk 1 Regulation Automated Trading, 80 FR 78824 (Dec. 17, 2015). 2 Regulation Automated Trading, 81 FR 85334 (Nov. 25, 2016). E:\FR\FM\15JYP1.SGM 15JYP1

Agencies

[Federal Register Volume 85, Number 136 (Wednesday, July 15, 2020)]
[Proposed Rules]
[Pages 42749-42755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15127]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0580; Product Identifier 2020-NM-052-AD]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2019-02-03, which applies to all The Boeing Company Model 787-8, 787-9, 
and 787-10 airplanes. AD 2019-02-03 requires revising the existing 
maintenance or inspection program, as applicable, to incorporate new or 
more restrictive airworthiness limitations. Since the FAA issued AD 
2019-02-03, the manufacturer has developed a new fire handle design 
that will eliminate the need for the airworthiness limitations required 
by AD 2019-02-03. This proposed AD would retain the requirements of AD 
2019-02-03 and would require incorporation of an airworthiness 
limitation which applies only to certain airplanes. This proposed AD 
would also require replacing or modifying certain engine fire control 
panels, which would terminate the revised airworthiness limitation when 
a certain condition is met. The FAA is proposing this AD to address the 
unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by August 31, 
2020.

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 90740-5600; 
telephone 562-797-1717; internet https://www.myboeingfleet.com. You may 
view this service information at the FAA, Airworthiness Products 
Section, Operational Safety Branch, 2200 South 216th St., Des Moines, 
WA. For information on the availability of this material at the FAA, 
call 206-231-3195. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0580.

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-2020-
0580; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this NPRM, any comments received, and other information. The street 
address for Docket Operations is listed above. Comments will be 
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tak Kobayashi, Aerospace Engineer, 
Propulsion Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des 
Moines, WA 98198; phone and fax: 206-231-3553; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites 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-2020-0580; 
Product Identifier 2020-NM-052-AD'' at the beginning of your comments. 
The FAA

[[Page 42750]]

specifically invites comments on the overall regulatory, economic, 
environmental, and energy aspects of this NPRM. The FAA will consider 
all comments received by the closing date and may amend this NPRM 
because of those comments.
    The FAA will post all comments received, without change, to https://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact received about this proposed AD.

Discussion

    The FAA issued AD 2019-02-03, Amendment 39-19550 (84 FR 2437, 
February 7, 2019) (``AD 2019-02-03''), for all The Boeing Company Model 
787-8, 787-9, and 787-10 airplanes. AD 2019-02-03 requires revising the 
existing maintenance or inspection program, as applicable, to 
incorporate new or more restrictive airworthiness limitations. AD 2019-
02-03 resulted from reports of warpage of internal engine fire handle 
components, which can cause binding and prevent proper operation. The 
FAA issued AD 2019-02-03 to address a latent failure of the engine fire 
handle, which could result in the inability to extinguish an engine 
fire that, if uncontrollable, could lead to wing failure.

Actions Since AD 2019-02-03 Was Issued

    The preamble to AD 2019-02-03 explains that the FAA considered the 
requirements ``interim action'' and was considering further rulemaking. 
Since the FAA issued AD 2019-02-03, the manufacturer developed a new 
fire handle design for the engine fire control panel. The FAA has 
determined that replacement with a new or modified engine fire control 
panel addresses the unsafe condition and will eliminate the need for 
the airworthiness limitations required by AD 2019-02-03. Therefore, the 
FAA has determined that the airworthiness limitations required by AD 
2019-02-03 should be revised to limit its applicability to airplanes 
equipped with the old design--an engine fire control panel having part 
number (P/N) 412600-001 or an engine fire shutoff switch having P/N 
417000-101 or 417000-102. The FAA has also determined that once the new 
or modified engine fire control panel is installed on all affected 
airplanes in an operator's fleet, the revised airworthiness limitation 
may be removed.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Requirements Bulletin B787-81205-SB260008-
00 RB, Issue 001, dated March 10, 2020. The service information 
describes procedures for replacing the engine fire control panel with a 
new or modified panel. 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

    The FAA is proposing this AD because the agency 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 actions of AD 2019-02-03. This 
proposed AD would also require revising the existing maintenance or 
inspection program, as applicable, to incorporate an airworthiness 
limitation that applies to airplanes equipped with an engine fire 
control panel having part number (P/N) 412600-001, or an engine fire 
shutoff switch having P/N 417000-101 or P/N 417000-102. This proposed 
AD would also require accomplishment of the actions identified in 
Boeing Requirements Bulletin B787-81205-SB260008-00 RB, Issue 001, 
dated March 10, 2020, described previously, except for any differences 
identified as exceptions in the regulatory text of this proposed AD.
    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-2020-0580.
    This proposed AD would require revisions to certain operator 
maintenance documents to include new actions (e.g., inspections). 
Compliance with these actions is required by 14 CFR 91.403(c). For 
airplanes that have been previously modified, altered, or repaired in 
the areas addressed by this proposed AD, the operator may not be able 
to accomplish the actions described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must request 
approval for an alternative method of compliance (AMOC) according to 
paragraph (o) of this proposed AD.

Explanation of Requirements Bulletin

    The FAA worked in conjunction with industry, under the 
Airworthiness Directive Implementation Aviation Rulemaking Committee 
(AD ARC), to enhance the AD system. One enhancement is a process for 
annotating which steps in the service information are ``required for 
compliance'' (RC) with an AD. Boeing has implemented this RC concept 
into Boeing service bulletins.
    In an effort to further improve the quality of ADs and AD-related 
Boeing service information, a joint process improvement initiative was 
worked between the FAA and Boeing. The initiative resulted in the 
development of a new process in which the service information more 
clearly identifies the actions needed to address the unsafe condition 
in the ``Accomplishment Instructions.'' The new process results in a 
Boeing Requirements Bulletin, which contains only the actions needed to 
address the unsafe condition (i.e., only the RC actions).

Costs of Compliance

    The FAA estimates that this proposed AD affects 122 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:
    The FAA estimates the total cost per operator for the retained 
actions from AD 2019-02-03 to be $7,650 (90 work-hours x $85 per work-
hour).
    The FAA has determined that revising the existing maintenance or 
inspection program takes an average of 90 work-hours per operator, 
although the agency recognizes that this number may vary from operator 
to operator. In the past, the agency has estimated that this action 
takes 1 work-hour per airplane. Since operators incorporate maintenance 
or inspection program changes for their affected fleet(s), the FAA has 
determined that a per-operator estimate is more accurate than a per-
airplane estimate.
    The FAA estimates the total cost per operator for the new proposed 
maintenance or inspection program revision to be $7,650 (90 work-hours 
x $85 per work-hour).

[[Page 42751]]



                            Estimated Costs for Required Replacement or Modification
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Replacement or modification...........  2 work-hours x $85 per            $5,000          $5,170        $630,740
                                         hour = $170.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this 
proposed AD may be covered under warranty, thereby reducing the cost 
impact on affected individuals. The FAA does not control warranty 
coverage for affected individuals. As a result, the FAA has included 
all known costs in our cost estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    The FAA has 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) Will not affect intrastate aviation in Alaska, and
    (3) 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) 
2019-02-03, Amendment 39-19550 (84 FR 2437, February 7, 2019), and 
adding the following new AD:

The Boeing Company: Docket No. FAA-2020-0580; Product Identifier 
2020-NM-052-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by August 31, 
2020.

(b) Affected ADs

    This AD replaces AD 2019-02-03, Amendment 39-19550 (84 FR 2437, 
February 7, 2019) (``AD 2019-02-03'').

(c) Applicability

    This AD applies to all The Boeing Company Model 787-8, 787-9, 
and 787-10 airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 26, Fire 
protection.

(e) Unsafe Condition

    This AD was prompted by reports of warpage of internal engine 
fire handle components that can cause binding and prevent proper 
operation, and by the development of a new fire handle design that 
will prevent the unsafe condition. The FAA is issuing this AD to 
address a latent failure of the engine fire handle, which could 
result in the inability to extinguish an engine fire that, if 
uncontrollable, could lead to wing failure.

(f) Compliance

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

(g) Retained Maintenance/Inspection Program Revision, With No Changes

    This paragraph restates the requirements of paragraph (g) of AD 
2019-02-03, with no changes. Within 14 days after February 22, 2019 
(the effective date of AD 2019-02-03), revise the existing 
maintenance or inspection program, as applicable, to add 
airworthiness limitation 28-AWL-FIRE, by incorporating the 
information specified in figure 1 to paragraph (g) of this AD into 
the Airworthiness Limitations Section of the Instructions for 
Continued Airworthiness. The initial compliance time for 
accomplishing the actions specified in figure 1 to paragraph (g) of 
this AD is within 45 days after February 22, 2019.
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[[Page 42752]]

[GRAPHIC] [TIFF OMITTED] TP15JY20.000

(h) Retained Restrictions on Alternative Actions and Intervals, With 
New Exception

    This paragraph restates the requirements of paragraph (h) of AD 
2019-02-03, with a new exception. Except as required by paragraph 
(k) of this AD: After accomplishment of the existing maintenance or 
inspection program revision required by paragraph (g) of this AD, no 
alternative actions (e.g., inspections) or intervals may be used 
unless the actions or intervals are approved as an alternative 
method of compliance (AMOC) in accordance with the procedures 
specified in paragraph (o) of this AD.

(i) New Required Actions

    For the airplanes identified in Boeing Requirements Bulletin 
B787-81205-SB260008-00 RB, Issue 001, dated March 10, 2020: At the 
applicable times specified in the ``Compliance'' paragraph of Boeing 
Requirements Bulletin B787-81205-SB260008-00 RB, Issue 001, dated 
March 10, 2020, except as specified by paragraph (j) of this AD, do 
all applicable actions identified in, and in accordance with, the 
Accomplishment Instructions of Boeing Requirements Bulletin B787-
81205-SB260008-00 RB, Issue 001, dated March 10, 2020.

    Note 1 to paragraph (i): Guidance for accomplishing the actions 
required by

[[Page 42753]]

paragraph (i) of this AD can be found in Boeing Service Bulletin 
B787-81205-SB260008-00, Issue 001, dated March 10, 2020, which is 
referred to in Boeing Requirements Bulletin B787-81205-SB260008-00 
RB, Issue 001, dated March 10, 2020.

(j) Exception to Service Information Specifications

    Where Boeing Requirements Bulletin B787-81205-SB260008-00 RB, 
Issue 001, dated March 10, 2020, uses the phrase ``the issue 001 
date of Requirements Bulletin B787-81205-SB260008-00 RB,'' this AD 
requires using ``the effective date of this AD.''

(k) New Maintenance/Inspection Program Revision

    Prior to or concurrently with the actions specified in paragraph 
(i) of this AD, or within 30 days after the effective date of the 
AD, whichever occurs later: Revise the existing maintenance or 
inspection program, as applicable, by incorporating the information 
specified in figure 2 to paragraph (k) of this AD into the 
Airworthiness Limitations Section of the Instructions for Continued 
Airworthiness. It is acceptable to change the limitation number from 
28-AWL-FIRE to 26-AWL-FIRE, provided the rest of the information in 
figure 2 to paragraph (k) of this AD remains unchanged. The initial 
compliance time for accomplishing the actions specified in figure 2 
to paragraph (k) of this AD is within 30 days after accomplishing 
the last 28-AWL-FIRE or 26-AWL-FIRE task, as applicable. 
Accomplishing the revision required by this paragraph terminates the 
actions required by paragraph (g) of this AD.

[[Page 42754]]

[GRAPHIC] [TIFF OMITTED] TP15JY20.001

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(l) New Restrictions on Alternative Actions and Intervals

    After accomplishment of the existing maintenance or inspection 
program revision required by paragraph (k) of this AD, no 
alternative actions (e.g., inspections) or intervals may be used 
unless the actions or intervals are approved as an AMOC in 
accordance with the procedures specified in paragraph (o) of this 
AD.

(m) Terminating Action for Repetitive Inspections

    Accomplishment of the actions required by paragraph (i) of this 
AD on all affected airplanes in an operator's fleet terminates the 
requirements of paragraph (k) of this AD.

(n) Parts Installation Prohibition

    As of the effective date of this AD, no person may install on 
any airplane any engine fire control panel having part number (P/N) 
412600-001, or any engine fire shutoff switch having P/N 417000-101 
or P/N 417000-102.

[[Page 42755]]

(o) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle 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 (p)(1) of this AD. Information may be 
emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.
    (3) An AMOC that provides an acceptable level of safety may be 
used for any repair, modification, or alteration required by this AD 
if it is approved by The Boeing Company Organization Designation 
Authorization (ODA) that has been authorized by the Manager, Seattle 
ACO Branch, FAA, to make those findings. To be approved, the repair 
method, modification deviation, or alteration deviation must meet 
the certification basis of the airplane, and the approval must 
specifically refer to this AD.
    (4) AMOCs approved previously for AD 2019-02-03 are approved as 
AMOCs for the corresponding provisions of paragraph (g) of this AD.

(p) Related Information

    (1) For more information about this AD, contact Tak Kobayashi, 
Aerospace Engineer, Propulsion Section, FAA, Seattle ACO Branch, 
2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-
3553; email: [email protected].
    (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-
5600; telephone 562-797-1717; internet https://www.myboeingfleet.com. You may view this referenced service 
information at the FAA, Airworthiness Products Section, Operational 
Safety Branch, 2200 South 216th St., Des Moines, WA. For information 
on the availability of this material at the FAA, call 206-231-3195.

    Issued on July 7, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-15127 Filed 7-14-20; 8:45 am]
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