[Federal Register Volume 78, Number 50 (Thursday, March 14, 2013)]
[Proposed Rules]
[Pages 16198-16200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05864]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0210; Directorate Identifier 2012-NM-053-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 an existing airworthiness directive 
(AD) that applies to certain The Boeing Company Model MD-11 and MD-11F 
airplanes. The existing AD currently requires inspecting to determine 
if wires touch the upper surface of the center upper auxiliary fuel 
tank, and marking the location, as necessary; inspecting all wire 
bundles above the center upper auxiliary fuel tank for splices and 
damage; inspecting for damage to the fuel vapor barrier seal and upper 
surface of the center upper auxiliary fuel tank; and performing 
corrective actions, as necessary. The existing AD also requires 
installing nonmetallic barrier/shield sleeving, new clamps, new 
attaching hardware, and a new extruded channel. The existing AD 
resulted from fuel system reviews conducted by the manufacturer. Since 
we issued that AD, we have identified additional center upper auxiliary 
fuel tank locations where inspections and corrective actions are 
needed. We are proposing 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.

DATES: We must receive comments on this proposed AD by April 29, 2013.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to 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 AD, contact Boeing 
Commercial Airplanes, Attention: Data & Services Management, 3855 
Lakewood Boulevard, MC D800-0019, Long Beach, CA 90846-0001; telephone 
206-544-5000, extension 2; fax 206-766-5683; Internet https://www.myboeingfleet.com. You may review copies of the referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue SW., Renton, Washington. For information on the availability of 
this material at the FAA, call 425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (phone: 800-647-5527) is in the ADDRESSES 
section. Comments will be available in the AD docket shortly after 
receipt.

FOR FURTHER INFORMATION CONTACT: Samuel Lee, Aerospace Engineer, 
Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: (562) 
627-5262; fax: (562) 627-5210; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2013-0210; 
Directorate Identifier 2012-NM-053-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 December 16, 2009, we issued AD 2009-26-16, Amendment 39-16155 
(74 FR 69249, December 31, 2009), for certain McDonnell Douglas 
Corporation Model MD-11 and MD-11F airplanes. That AD requires 
inspecting to determine if wires touch the upper surface of the center 
upper auxiliary fuel tank, and marking the location, as necessary; 
inspecting all wire bundles above the center upper auxiliary fuel tank 
for splices and damage; inspecting for damage to the fuel vapor barrier 
seal and upper surface of the center upper auxiliary fuel tank; and 
corrective actions, as necessary. That AD also requires installing 
nonmetallic barrier/shield sleeving, new clamps, new attaching 
hardware, and a new extruded channel. That AD resulted from fuel system 
reviews conducted by the manufacturer. We issued that 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.

Actions Since AD 2009-26-16, Amendment 39-16155 (74 FR 69249, December 
31, 2009), Was Issued

    AD 2009-26-16, Amendment 39-16155 (74 FR 69249, December 31, 2009) 
refers to Boeing Service Bulletin MD11-28-126, Revision 1, dated June 
18, 2009, as the appropriate source of service information for the 
required actions. Boeing has since revised this service information. We 
have reviewed Boeing Service Bulletin MD11-28-126, Revision 4, dated 
November 29, 2011, which added additional work for certain airplanes. 
This additional work includes inspecting an additional wire bundle and 
installing additional sleeving, clamping, and an extruded channel over 
the center upper auxiliary fuel tank.

Relevant Service Information

    We have reviewed Boeing Service Bulletin MD11-28-126, Revision 4, 
dated November 29, 2011. For information on the procedures and 
compliance times, see this service

[[Page 16199]]

information at http://www.regulations.gov by searching for Docket No. 
FAA-2013-0210.

FAA's Determination

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

Proposed AD Requirements

    This proposed AD would retain all of the requirements of AD 2009-
26-16, Amendment 39-16155 (74 FR 69249, December 31, 2009). This 
proposed AD would also require accomplishing the actions specified in 
the service information identified previously, except as discussed 
under ``Differences Between the AD and the Service Information.''
    The phrase ``related investigative actions'' might be used in this 
proposed AD. ``Related investigative actions'' are follow-on actions 
that: (1) Are related to the primary actions, and (2) are actions that 
further investigate the nature of any condition found. Related 
investigative actions in an AD could include, for example, inspections.
    In addition, the phrase ``corrective actions'' might be used in 
this proposed AD. ``Corrective actions'' are actions that correct or 
address any condition found. Corrective actions in an AD could include, 
for example, repairs.

Differences Between the Proposed AD and the Service Information

    The Accomplishment Instructions of Boeing Service Bulletin MD11-28-
126, Revision 4, dated November 29, 2011, specify to contact Boeing for 
additional inspection and repair instructions, but this proposed AD 
would require operators to perform those actions using a method 
approved by the FAA.

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          168 to 182 work-hours   $9,405 to $12,201  $23,685 to         $2,865,885 to
 retained [actions from           x $85 per hour =                           $27,671 per        $3,348,191 per
 existing AD 2009-26-16,          $14,280 to $15,470                         inspection cycle.  inspection
 Amendment 39-16155 (74 FR        per inspection cycle.                                         cycle.
 69249, December 31, 2009].
Inspection/installation Groups   Up to 9 work-hours x    $2,863...........  Up to $3,628.....  Up to $438,988.
 1, 2, and 5, all Configuration   $85 per hour = $765.
 2 airplanes [new proposed
 action].
Inspection/installation Group 6  13 work-hours x $85     $7,932...........  $9,037...........  $36,148.
 airplanes [new proposed          per hour = $1,105.
 action].
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    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.

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) 
2009-26-16, Amendment 39-16155 (74 FR 69249, December 31, 2009), and 
adding the following new AD:

The Boeing Company: Docket No. FAA-2013-0210; Directorate Identifier 
2012-NM-053-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by April 29, 
2013.

(b) Affected ADs

    This AD supersedes AD 2009-26-16, Amendment 39-16155 (74 FR 
69249, December 31, 2009).

(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 4, dated November 29, 2011.

[[Page 16200]]

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 28, Fuel.

(e) Unsafe Condition

    This AD was prompted by fuel system reviews conducted by the 
manufacturer. 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.

(g) Retained Inspection and Corrective Action

    This paragraph restates the requirements of paragraph (g) of AD 
2009-26-16, Amendment 39-16155 (74 FR 69249, December 31, 2009), 
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), 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; or Boeing 
Service Bulletin MD11-28-126, Revision 4, dated November 29, 2011; 
except as required by paragraph (j) of this AD. After the effective 
date of this AD, only Boeing Service Bulletin MD11-28-126, Revision 
4, dated November 29, 2011, 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) New Inspections and Corrective Action for Group 1, Configuration 2; 
Group 2, Configuration 2; and Group 5, Configuration 2 Airplanes

    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 the effective date of this AD, 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 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, except as required by paragraph 
(k)(3) of this AD. Do all applicable corrective actions before 
further flight.
    (1) For Group 1, Configuration 2 airplanes: between Stations 
1238.950 and 1381.000, and 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) Credit for Previous Actions

    (1) This paragraph provides credit for actions required by 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD, using the service bulletins specified in 
paragraphs (i)(1)(i), (i)(1)(ii), or (i)(1)(iii) of this AD.
    (i) Boeing Service Bulletin MD11-28-126, Revision 1, dated June 
18, 2009.
    (ii) Boeing Service Bulletin MD11-28-126, Revision 2, dated 
November 18, 2010, which is not incorporated by reference in this 
AD.
    (iii) Boeing Service Bulletin MD11-28-126, Revision 3, dated 
June 3, 2011, which is not incorporated by reference in this AD.
    (2) This paragraph provides credit for actions required by 
paragraph (h) of this AD, if those actions were performed before the 
effective date of this AD, using Boeing Service Bulletin MD11-28-
126, Revision 3, dated June 3, 2011.

(j) Repair

    Where Boeing Service Bulletin MD11-28-126, Revision 1, dated 
June 18, 2009; or Boeing Service Bulletin MD11-28-126, Revision 4, 
dated November 29, 2011; specifies to contact The Boeing Company for 
repair instructions: Before further flight, repair the auxiliary 
fuel tank in accordance with a method approved by the Manager, Los 
Angeles Aircraft Certification Office (ACO), FAA. For a repair 
method to be approved, the repair must meet the certification basis 
of the airplane, and the approval must specifically refer to this 
AD.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles ACO, FAA, has the authority to 
approve AMOCs for this AD, if requested using the procedures found 
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request 
to your principal inspector or local Flight Standards District 
Office, as appropriate. If sending information directly to the 
manager of the Los Angeles ACO, send it to the attention of the 
person identified in the Related Information section of this AD.
    (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 required by this AD if it is approved by 
Structures Authorized Representative for the Boeing Commercial 
Airplanes Delegation Option Authorization Organization who has been 
authorized by the Manager, Los Angeles ACO, to make those findings. 
For a repair method to be approved, the repair must meet the 
certification basis of the airplane, and 14 CFR 25.571, Amendment 
45, and the approval must specifically refer to this AD.
    (4) AMOCs approved for AD 2009-26-16, Amendment 39-16155 (74 FR 
69249, December 31, 2009), are approved as AMOCs for the 
corresponding requirements of this AD.

(l) Related Information

    (1) For more information about this AD, contact Samuel Lee, 
Aerospace Engineer, Propulsion Branch, ANM-140L, FAA, Los Angeles 
Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, 
CA 90712-4137; phone: (562) 627-5262; fax: (562) 627-5210; email: 
[email protected].
    (2) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
3855 Lakewood Boulevard, MC D800-0019, Long Beach, CA 90846-0001; 
telephone 206-544-5000, extension 2; fax 206-766-5683; Internet 
https://www.myboeingfleet.com. You may review copies of the 
referenced service information at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue SW., Renton, Washington. For 
information on the availability of this material at the FAA, call 
425-227-1221.

    Issued in Renton, Washington, on March 8, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-05864 Filed 3-13-13; 8:45 am]
BILLING CODE 4910-13-P