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[Federal Register Volume 79, Number 33 (Wednesday, February 19, 2014)]
[Rules and Regulations]
[Pages 9392-9395]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-02997]

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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; 
Amendment 39-17744; AD 2014-03-07]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2009-26-16 for 
certain The Boeing Company Model MD-11 and MD-11F airplanes. AD 2009-
26-16 required 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. AD 2009-26-16 
also required installing nonmetallic barrier/shield sleeving, new 
clamps, new attaching hardware, and a new extruded channel. This new AD 
requires inspections of additional center upper auxiliary fuel tank 
locations and corrective actions as necessary. This AD was prompted by 
reports that identified additional locations where inspections and 
corrective actions of the center upper auxiliary fuel tank are needed. 
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.

DATES: This AD is effective March 26, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 26, 
2014.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of 
February 4, 2010 (74 FR 69249, December 31, 2009).

ADDRESSES: 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 view this 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 by searching for and locating Docket No. FAA-2013-
0210; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this AD, the regulatory evaluation, any comments received, and 
other information. The address for the Docket Office (phone: 800-647-
5527) is Docket Management Facility, U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: 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: samuel.lee@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
Part 39 to supersede AD 2009-26-16, Amendment 39-16155 (74 FR 69249, 
December 31, 2009). AD 2009-26-16 applied to certain The Boeing Company 
Model MD-11 and MD-11F airplanes. The NPRM published in the Federal 
Register on March 14, 2013 (78 FR 16198). The NPRM was prompted by 
reports that identified additional locations where inspections and 
corrective actions of the center upper auxiliary fuel tank are needed. 
The NPRM proposed to continue to require 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

[[Page 9393]]

fuel vapor barrier seal and upper surface of the center upper auxiliary 
fuel tank; and performing corrective actions, as necessary. The NPRM 
also proposed to continue to require installing nonmetallic barrier/
shield sleeving, new clamps, new attaching hardware, and a new extruded 
channel. The NPRM also proposed to require inspections of the center 
upper auxiliary fuel tank at additional locations and corrective 
actions as necessary. 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.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
(78 FR 16198, March 14, 2013) and the FAA's response to each comment.

Request for Approval of Alternative Methods of Compliance (AMOCs)

    FedEx requested that AMOCs previously approved for AD 2009-26-16, 
Amendment 39-16155 (74 FR 69249, December 31, 2009), be approved as 
AMOCs for the requirements of the NPRM (78 FR 16198, March 14, 2013). 
FedEx also requested that Boeing Service Bulletin MD11-28-126, Revision 
4, dated November 29, 2011, be revised to incorporate changes made by 
seven Boeing Information Notices, which were not FAA-approved.
    We acknowledge the commenter's request. However, paragraph (k)(4) 
of the NPRM (78 FR 16198, March 14, 2013) already states that 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. Also, the changes in all seven Boeing Information Notices were 
either incorporated or resolved in Boeing Service Bulletin MD11-28-126, 
Revision 2, dated November 18, 2010, except for Boeing MD11 Service 
Bulletin Information Notice MD11-28-126 IN 07, December 3, 2012, which 
was issued for information only, and therefore does not affect the 
requirements of this final rule. No changes have been made to this 
final rule in this regard.

Request To Extend Compliance Time

    FedEx requested that the compliance time for the NPRM (78 FR 16198, 
March 14, 2013) be extended from ``Within 60 months after February 4, 
2010 (the effective date of AD 2009-26-16),'' for the retained 
inspection and actions specified in paragraphs (g)(1) through (g)(5) of 
the NPRM to 72 months, or February 4, 2016, at a minimum. FedEx stated 
that work would have to be accomplished by February 4, 2015, and due to 
the labor intensive nature of the work, 18 to 20 months is not enough 
time to fit into a `C' check time interval.
    We do not agree with FedEx's request. In developing an appropriate 
compliance time for this action, we considered not only the degree of 
urgency associated with addressing the subject unsafe condition, but 
the manufacturer's recommendation for an appropriate compliance time, 
the availability of required parts, and the practical aspect of 
installing the required modification within an interval of time that 
corresponds to the typical scheduled maintenance for the majority of 
affected operators. The retained inspection and corrective action were 
previously required by AD 2009-26-16, Amendment 39-16155 (74 FR 69249, 
December 31, 2009), so operators should have already completed or be 
scheduled to have the work completed. Under the provisions of paragraph 
(k) of this final rule, we may approve requests for adjustments to the 
compliance time if data are submitted to substantiate that such an 
adjustment would provide an acceptable level of safety.

Request To Revise Costs of Compliance

    FedEx requested that the Costs of Compliance be revised since 
material costs have drastically increased. FedEx stated that Boeing 
Service Bulletin MD11-28-126, Revision 4, dated November 29, 2011, 
(which we referred to in the NPRM (78 FR 16198, March 14, 2013), as the 
appropriate source of service information for doing the actions) 
specifies a cost of $18,139 for kit part number SB11280126-11. FedEx 
stated that a recent quote for this kit is $25,904. Also, the original 
cost for kit SB11280126-13 was $12,268; it is now $17,568.
    We agree with the request to revise the Costs of Compliance because 
current costs for kits differ greatly from when the NPRM (78 FR 16198, 
March 14, 2013) was issued. The retained actions from AD 2009-26-16, 
Amendment 39-16155 (74 FR 69249, December 31, 2009), had a parts cost 
of $9,405 to $12,201; the revised parts cost is $15,708 to $28,005. The 
parts cost for the new action was revised from $2,863 to $6,166. We 
have revised the information contained in the Costs of Compliance 
accordingly.

Explanation of Additional Change Made to the Costs of Compliance

    We have revised this AD to revise the Costs of Compliance, which 
incorrectly specified inspection and installation costs for four Group 
6 airplanes as new actions. We have revised the information contained 
in the Costs of Compliance tables by removing the row containing Group 
6 airplanes accordingly.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this AD as proposed except for minor editorial changes. We have 
determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (78 FR 16198, March 14, 2013) for correcting the unsafe condition; 
and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (78 FR 16198, March 14, 2013).

Costs of Compliance

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

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
             Action                   Labor cost          Parts cost       Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspection/Installation           168 to 182 work-    $15,708 to $28,005  $29,988 to $43,475  $3,748,500 to
 [retained actions from AD 2009-   hours x $85 per                         per inspection      $5,434,375 per
 26-16, Amendment 39-16155 (74     hour = $14,280 to                       cycle.              inspection cycle.
 FR 69249, December 31, 2009)].    $15,470 per
                                   inspection cycle.

[[Page 9394]]

 
Inspection/installation Groups    Up to 9             $6,166............  Up to $6,931......  Up to $866,375.
 1, 2, and 5, all Configuration    work[dash]hours x
 2 airplanes [new action].         $85 per hour =
                                   $765.
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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 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 AD will not have federalism 
implications under Executive Order 13132. This AD will 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 this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under 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.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 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:

2014-03-07 The Boeing Company: Amendment 39-17744; Docket No. FAA-
2013-0210; Directorate Identifier 2012-NM-053-AD.

(a) Effective Date

    This AD is effective March 26, 2014.

(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.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports that identified additional 
locations where inspections and corrective actions of the center 
upper auxiliary fuel tank are needed. 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

[[Page 9395]]

MD11-28-126, Revision 4, dated November 29, 2011, except as required 
by paragraph (j) 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, 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) or (i)(1)(ii) of this AD.
    (i) Boeing Service Bulletin MD11-28-126, Revision 2, dated 
November 18, 2010, which is not incorporated by reference in this 
AD.
    (ii) 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, which is not incorporated by 
reference in this AD.

(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 paragraph (l) 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: 
samuel.lee@faa.gov.
    (2) Service information identified in this AD that is not 
incorporated by reference may be obtained at the addresses specified 
in paragraphs (m)(5) and (m)(6) of this AD.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR Part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on 
March 26, 2014.
    (i) Boeing Service Bulletin MD11-28-126, Revision 4, dated 
November 29, 2011.
    (ii) Reserved.
    (4) The following service information was approved for IBR on 
February 4, 2010, (74 FR 69249, December 31, 2009).
    (i) Boeing Service Bulletin MD11-28-126, Revision 1, dated June 
18, 2009.
    (ii) Reserved.
    (5) 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.
    (6) You may view this service information at 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.
    (7) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on January 21, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-02997 Filed 2-18-14; 8:45 am]
BILLING CODE 4910-13-P
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