59102 Federal Register / Vol. 79, No. 190 / Wednesday, October 1, 2014 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0672; Directorate 

Identifier 2013–NM–058–AD; Amendment 

39–17975; AD 2014–20–02] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

The Boeing Company Model 767–200, 

–300, –300F, and –400ER airplanes. 

This AD was prompted by reports 

indicating that a standard access door 

was located where an impact-resistant 

access door was required, and stencils 

were missing from some impactresistant access doors. This AD requires 

an inspection of the wing fuel tank 

access doors to determine whether 

impact-resistant access doors are 

installed in the correct locations, and to 

replace incorrectly installed doors with 

impact-resistant access doors. This AD 

also requires an inspection for stencils 

and index markers on impact-resistant 

access doors, and application of new 

stencils or index markers if necessary. 

In addition, this AD requires revising 

the maintenance program to incorporate 

changes to the airworthiness limitations 

section. We are issuing this AD to 

correct the unsafe condition on these 

products. 

DATES: This AD is effective November 5, 

2014. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of November 5, 2014. 

ADDRESSES: For service information 

identified in this AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, P.O. Box 3707, 

MC 2H–65, Seattle, WA 98124–2207; 

telephone 206–544–5000, extension 1; 

fax 206–766–5680; Internet https://

www.myboeingfleet.com. You may view 

this referenced service information at 

the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., 

Renton, WA. 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– 

0672; 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: 

Suzanne Lucier, Aerospace Engineer, 

Propulsion Branch, ANM–140S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue SW., Renton, WA 

98057–3356; phone: 425–917–6438; fax: 

425–917–6590; email: suzanne.lucier@

faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a supplemental notice of 

proposed rulemaking (SNPRM) to 

amend 14 CFR part 39 by adding an AD 

that would apply to certain The Boeing 

Company Model 767–200, –300, –300F, 

and –400ER airplanes. The SNPRM 

published in the Federal Register on 

July 2, 2014 (79 FR 37681). We preceded 

the SNPRM with a notice of proposed 

rulemaking (NPRM) that published in 

the Federal Register on August 12, 2013 

(78 FR 48826). The NPRM proposed to 

require an inspection of the left-and 

right-hand wing fuel tank access doors 

to determine whether impact-resistant 

access doors are installed in the correct 

locations, and to replace incorrectly 

installed doors with impact-resistant 

access doors. The NPRM also proposed 

to require an inspection for stencils and 

index markers on impact-resistant 

access doors, and application of new 

stencils or index markers if necessary. 

In addition, the NPRM proposed to 

require revising the maintenance 

program to incorporate changes to the 

airworthiness limitations section. The 

NPRM was prompted by reports 

indicating that a standard access door 

was located where an impact-resistant 

access door was required, and stencils 

were missing from some impactresistant access doors. The SNPRM 

proposed to revise the NPRM by adding 

airplanes to the applicability. We are 

issuing this AD to prevent foreign object 

penetration of the fuel tank from 

uncontained engine failure or tire 

debris, which could cause a fuel leak 

near an ignition source (e.g., hot brakes 

or engine exhaust nozzle), consequently 

leading to a fuel-fed fire. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

have considered the comments received. 

Boeing and FedEx Express supported 

the SNPRM (79 FR 37681, July 2, 2014). 

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 SNPRM (79 FR 

37681, July 2, 2014) for correcting the 

unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the SNPRM (79 FR 37681, 

July 2, 2014). 

Costs of Compliance 

We estimate that this AD affects 436 

airplanes of U.S. registry. We estimate 

the following costs to comply with this 

AD: 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

Inspection ........................................................ Up to 7 work-hours × $85 per hour = $595 ... $0 $595 $259,420 

Maintenance program revision ....................... 1 work-hour × $85 per hour = $85 ................. 0 85 37,060 

We estimate the following costs to do 

any necessary replacements that would 

be required based on the results of the 

inspection. We have no way of 

determining the number of aircraft that 

might need these replacements: 


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Federal Register / Vol. 79, No. 190 / Wednesday, October 1, 2014 / Rules and Regulations 59103 

ON-CONDITION COSTS

Action Labor cost Parts cost Cost per 

product 

Replacement per door .................................................. 3 work-hours × $85 per hour = $255 ........................... $8,000 $8,255 

Stencil and index marker .............................................. 9 work-hours × $85 per hour = $765 ........................... 0 765 

According to the manufacturer, some 

of the costs of this AD may be covered 

under warranty, thereby reducing the 

cost impact on affected individuals. We 

do not control warranty coverage for 

affected individuals. As a result, we 

have included all 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. 

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 

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 

■ 1. The authority citation for part 39 

continues to read as follows: 

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

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

2014–20–02 The Boeing Company: 

Amendment 39–17975; Docket No. 

FAA–2013–0672; Directorate Identifier 

2013–NM–058–AD. 

(a) Effective Date 

This AD is effective November 5, 2014. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to The Boeing Company 

Model 767–200, –300, –300F, and –400ER 

series airplanes; certificated in any category; 

as identified in Boeing Service Bulletin 767– 

28–0105, Revision 1, dated February 6, 2013. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 28, Fuel. 

(e) Unsafe Condition 

This AD was prompted by reports 

indicating that a standard access door was 

located where an impact-resistant access 

door was required, and stencils were missing 

from some impact-resistant access doors. We 

are issuing this AD to prevent foreign object 

penetration of the fuel tank from uncontained 

engine failure or tire debris, which could 

cause a fuel leak near an ignition source (e.g., 

hot brakes or engine nozzle), consequently 

leading to a fuel-fed fire. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Inspections 

Within 72 months after the effective date 

of this AD, do the actions specified in 

paragraphs (g)(1) and (g)(2) of this AD, in 

accordance with the Accomplishment 

Instructions of Boeing Service Bulletin 767– 

28–0105, Revision 1, dated February 6, 2013. 

(1) Do either a general visual inspection or 

ultrasonic non-destructive test of the left- and 

right-hand wing fuel tank access doors to 

determine whether impact-resistant access 

doors are installed in the correct locations. If 

any standard access door is found, before 

further flight, replace with an impactresistant access door. 

(2) Do a general visual inspection of the 

left- and right-hand wing fuel tank impactresistant access doors to verify stencils and 

index markers are applied. If a stencil or 

index marker is missing, before further flight, 

apply a stencil or index marker, as 

applicable. 

(h) Maintenance or Inspection Program 

Revision 

Within 60 days after the effective date of 

this AD, revise the maintenance or inspection 

program, as applicable, to incorporate critical 

design configuration control limitation 

(CDCCL) Task 57–AWL–01, ‘‘ImpactResistant Fuel Tank Access Door,’’ of Section 

9, Airworthiness Limitations (AWLs) and 

Certification Maintenance Requirements 

(CMRs) of Boeing 767 Maintenance Planning 

Data Document D622T001–9, Revision 

January 2013. 

(i) No Alternative Actions, Intervals, and/ 

or CDCCLs 

After accomplishing the revision required 

by paragraph (h) of this AD, no alternative 

actions (e.g., inspections), intervals, and/or 

CDCCLs may be used unless the actions, 

intervals, and/or CDCCLs are approved as an 

alternative method of compliance (AMOC) in 

accordance with the procedures specified in 

paragraph (k) of this AD. 

(j) Credit for Previous Actions 

This paragraph provides credit for the 

actions required by paragraph (g) of this AD, 

if those actions were performed before the 

effective date of this AD using Boeing Service 

Bulletin 767–28–0105, dated January 12, 

2012, which is not incorporated by reference 

in this AD. 

(k) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Seattle Aircraft 

Certification Office (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 ACO, send it to the 

attention of the person identified in 

paragraph (l)(1) of this AD. Information may 


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59104 Federal Register / Vol. 79, No. 190 / Wednesday, October 1, 2014 / Rules and Regulations 

1 14 U.S.C. 78u–6(g)(1). 

2 15 U.S.C. 78u–6(g)(2). 

3 15 U.S.C. 78u–6(g)(4)(A). 

4 15 U.S.C. 78u–6(g)(4)(B). 

5 5 U.S.C. 553(b). 

6 5 U.S.C. 601 through 612. 

7 5 U.S.C. 804. 

8 44 U.S.C. 3501 through 3520. 

be emailed to: 9-ANM-Seattle-ACO-AMOCRequests@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 

required by this AD if it is approved by the 

Boeing Commercial Airplanes Organization 

Designation Authorization (ODA) that has 

been authorized by the Manager, Seattle 

ACO, to make those findings. 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. 

(4) AMOCs for ADs 2008–11–01 R1, 

Amendment 39–16145 (74 FR 68515, 

December 28, 2009); 2010–06–10, 

Amendment 39–16234 (75 FR 15322, March 

29, 2010); or 2011–25–05, Amendment 39– 

16881 (77 FR 2442, January 18, 2012); that 

meet the conditions specified in paragraphs 

(k)(4)(i) and (k)(4)(ii) of this AD are approved 

as AMOCs for the corresponding provisions 

of paragraph (h) of this AD. 

(i) AMOCs that are approved after 

November 2, 2012. 

(ii) AMOCS that include incorporation of 

CDCCL Task 57–AWL–01, ‘‘Impact-Resistant 

Fuel Tank Access Door.’’ 

(l) Related Information 

(1) For more information about this AD, 

contact Suzanne Lucier, Aerospace Engineer, 

Propulsion Branch, ANM–140S, FAA, Seattle 

Aircraft Certification Office, 1601 Lind 

Avenue SW., Renton, WA 98057–3356; 

phone: 425–917–6438; fax: 425–917–6590; 

email: suzanne.lucier@faa.gov. 

(2) Service information identified in this 

AD that is not incorporated by reference is 

available at the addresses specified in 

paragraphs (m)(3) and (m)(4) 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. 

(i) Boeing Service Bulletin 767–28–0105, 

Revision 1, dated February 6, 2013. 

(ii) Task 57–AWL–01, ‘‘Impact-Resistant 

Fuel Tank Access Door,’’ of Section 9, 

Airworthiness Limitations (AWLs) and 

Certification Maintenance Requirements 

(CMRs) of Boeing 767 Maintenance Planning 

Data Document D622T001–9, Revision 

January 2013. 

(3) For Boeing service information 

identified in this AD, contact Boeing 

Commercial Airplanes, Attention: Data & 

Services Management, P.O. Box 3707, MC 

2H–65, Seattle, WA 98124–2207; telephone 

206–544–5000, extension 1; fax 206–766– 

5680; Internet https://

www.myboeingfleet.com. 

(4) You may view this referenced service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., Renton, 

WA. For information on the availability of 

this material at the FAA, call 425–227–1221. 

(5) 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/ibrlocations.html. 

Issued in Renton, Washington, on 

September 19, 2014. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2014–22979 Filed 9–30–14; 8:45 am] 

BILLING CODE 4910–13–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Part 200 

[Release No. 34–73229] 

Delegation of Authority to the Chief 

Financial Officer 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Final rule. 

SUMMARY: The Securities and Exchange 

Commission (‘‘Commission’’) is 

amending its rules to delegate to the 

Chief Financial Officer the authority 

granted to the Commission by Section 

21F(g)(4) of the Securities and Exchange 

Act of 1934 (‘‘Exchange Act’’) to request 

that the Secretary of the Treasury invest 

the portion of the Commission’s 

whistleblower reward fund that, in its 

discretion, is not required to meet the 

current needs of the fund, and 

determine the maturities for those 

investments suitable to the needs of the 

fund. These changes are intended to 

streamline the operation of the 

Commission by delegating to staff 

certain routine financial 

responsibilities. 

DATES: Effective September 29, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Kenneth Johnson, Chief Financial 

Officer, at (202) 551–5472 or Caryn 

Kauffman, Deputy Chief Financial 

Officer, at (202) 551–8834, Securities 

and Exchange Commission, 100 F Street 

NE., Washington, DC 20549. 

SUPPLEMENTARY INFORMATION: 

I. Discussion 

Section 21F(g)(1) of the Exchange Act 

establishes the Securities and Exchange 

Commission Investor Protection Fund 

(‘‘Fund’’),1 which is available to pay 

awards to whistleblowers (as provided 

in Section 21F(b)), and to fund certain 

activities of the Commission’s Inspector 

General.2 The Commission may request 

that the Secretary of the Treasury invest 

the portion of the Fund that is not, in 

the discretion of the Commission, 

required to meet the current needs of 

the Funds.3 The Secretary of the 

Treasury must invest such funds in 

obligation of the United States, ‘‘within 

maturities suitable to the needs of the 

funds of the Fund as determined by the 

Commission on the record.’’ 4

The Commission is amending it rules 

to delegate to the Chief Financial Officer 

the authority, in accordance with 

section 21F(g)(4), to make requests to 

the Secretary of the Treasury to invest 

the Fund’s monies that are not, in his or 

her discretion, required to meet the 

current needs of the Fund and to 

determine what maturities for these 

investments are suitable to the needs of 

the Fund. 

The Office of Financial Management, 

headed by the Chief Financial Officer, is 

responsible for managing the financial 

matters of the Commission. In providing 

the Chief Financial Officer with the 

authority to perform these additional 

functions, this amendment is intended 

to streamline the efficient operation of 

the Commission. 

II. Administrative Law Matters 

The Commission has determined that 

these amendments relate solely to the 

agency’s organization, procedure, or 

practice. Accordingly, the provisions of 

the Administrative Procedure Act 

regarding notice of proposed rulemaking 

and opportunity for public participation 

are not applicable.5 The Regulatory 

Flexibility Act, therefore, does not 

apply.6 Because these rules relate solely 

to the agency’s organization, procedure, 

or practice and do not substantially 

affect the rights or obligations of nonagency parties, they are not subject to 

the Small Business Regulatory 

Enforcement Fairness Act.7 Finally, 

these amendments do not contain any 

collection of information requirements 

as defined by the Paperwork Reduction 

Act of 1995, as amended.8 Further, 

because the amendments impose no 

new burdens on private persons, the 

Commission does not believe that the 

amendments will have any impact on 

competition for purposes of Section 

23(a) (2) of the Exchange Act. 


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