80242 Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Rules and Regulations 

modification Number 55128S18242; or P/N 

F2511373420000, post-modification Number 

55128S18242) of the cockpit instrument 

panel does not constitute terminating action 

for the repetitive inspections required by 

paragraph (g) of this AD. 

(ii) If, during the inspection required by 

paragraph (h)(2) of this AD, any cracking is 

found in bracket No. 7 of the cockpit 

instrument panel: Although Airbus Service 

Bulletin A330–25–3538, Revision 02, dated 

April 24, 2014; and Airbus Service Bulletin 

A340–25–4351, Revision 01, dated January 

31, 2014; specify to contact Airbus for repair 

instructions, and specify that action as ‘‘RC’’ 

(Required for Compliance), repair the 

cracking before further flight using a repair 

method approved by the Manager, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA; or the European 

Aviation Safety Agency (EASA); or Airbus’s 

EASA Design Organization Approval (DOA). 

(i) Optional Terminating Modification for 

Paragraph (g) of This AD 

Modifying an airplane by replacing bracket 

No. 6 of the cockpit instrument panel with 

a new, reinforced bracket, in accordance with 

the Accomplishment Instructions of Airbus 

Service Bulletin A330–25–3548, dated 

October 31, 2013; or Airbus Service Bulletin 

A340–25–4354, dated October 31, 2013; as 

applicable; terminates the repetitive 

inspections required by paragraph (g) of this 

AD. 

(j) Credit for Previous Actions 

This paragraph provides credit for actions 

required by paragraphs (g) and (h) of this AD, 

if those actions were performed before the 

effective date of this AD using the service 

information identified in paragraph (j)(1), 

(j)(2), or (j)(3) of this AD, which is not 

incorporated by reference in this AD. 

(1) Airbus Service Bulletin A330–25–3538, 

dated September 10, 2013. 

(2) Airbus Service Bulletin A330–25–3538, 

Revision 01, dated April 24, 2014. 

(3) Airbus Service Bulletin A340–25–4351, 

dated September 10, 2014. 

(k) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, 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 International Branch, send it to ATTN: 

Vladimir Ulyanov, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue SW., Renton, WA 98057–3356; 

telephone 425–227–1138; fax 425–227–1149. 

Information may be emailed to: 9-ANM-116- 

AMOC-REQUESTS@faa.gov. 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. The AMOC approval letter 

must specifically reference this AD. 

(2) Contacting the Manufacturer: For any 

requirement in this AD to obtain corrective 

actions from a manufacturer, the action must 

be accomplished using a method approved 

by the Manager, International Branch, ANM– 

116, Transport Airplane Directorate, FAA; or 

the EASA; or Airbus’s EASA DOA. If 

approved by the DOA, the approval must 

include the DOA-authorized signature. 

(3) Required for Compliance (RC): Except 

as required by paragraph (h)(2)(ii) of this AD, 

if Airbus Service Bulletin A330–25–3538, 

Revision 02, dated April 24, 2014; or Airbus 

Service Bulletin A340–25–4351, Revision 01, 

dated January 31, 2014; contain procedures 

or tests that are identified as RC, those 

procedures and tests must be done to comply 

with this AD; any procedures and tests that 

are not identified as RC are recommended. 

Those procedures and tests that are not 

identified as RC may be deviated from, using 

accepted methods in accordance with the 

operators maintenance or inspection program 

without obtaining approval of an AMOC, 

provided the procedures and tests identified 

as RC can be done and the airplane can be 

put back in an airworthy condition. Any 

substitutions or changes to procedures or 

tests identified as RC require approval of an 

AMOC. 

(l) Related Information 

(1) Refer to Mandatory Continuing 

Airworthiness Information (MCAI) EASA 

Airworthiness Directive 2014–0127, dated 

May 15, 2014, for related information. This 

MCAI may be found in the AD docket on the 

Internet at http://www.regulations.gov/

#!documentDetail;D=FAA-2015-0083-0002. 

(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 this AD specifies otherwise. 

(i) Airbus Service Bulletin A330–25–3538, 

Revision 02, dated April 24, 2014. 

(ii) Airbus Service Bulletin A330–25–3548, 

dated October 31, 2013. 

(iii) Airbus Service Bulletin A340–25– 

4351, Revision 01, dated January 31, 2014. 

(iv) Airbus Service Bulletin A340–25– 

4354, dated October 31, 2013. 

(3) For service information identified in 

this AD, contact Airbus SAS, Airworthiness 

Office—EAL, 1 Rond Point Maurice Bellonte, 

31707 Blagnac Cedex, France; telephone +33 

5 61 93 36 96; fax +33 5 61 93 45 80; email 

airworthiness.A330-A340@airbus.com; 

Internet http://www.airbus.com. 

(4) You may view this 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 

December 9, 2015. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2015–31714 Filed 12–23–15; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2015–0828; Directorate 

Identifier 2014–NM–146–AD; Amendment 

39–18341; AD 2015–25–03] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are superseding 

Airworthiness Directive (AD) 2013–23– 

03, which applies to certain The Boeing 

Company Model 747–100, 747–100B, 

747–100B SUD, 747–200B, 747–200C, 

747–200F, 747–300, 747–400, 747– 

400D, 747–400F, and 747SR series 

airplanes. AD 2013–23–03 required a 

detailed inspection of certain attach 

fittings for a cylindrical defect, and 

replacement if necessary. For certain 

airplanes, this new AD requires new 

inspections of the inboard actuator 

attach fittings for machining defects, 

and overhaul or replacement if 

necessary. This new AD also limits the 

compliance time for doing the 

replacement for certain other airplanes. 

This AD was prompted by a report that 

a machining defect was also found on 

some of the actuator assemblies 

inspected during manufacture. This 

defect could lead to fatigue cracking and 

subsequent fracture. We are issuing this 

AD to detect and correct defective 

inboard actuator attach fittings which, 

combined with loss of the outboard 

actuator load path, could result in 

uncontrolled retraction of the outboard 

flap, damage to flight control systems, 

and consequent reduced controllability 

of the airplane. 

DATES: This AD is effective January 28, 

2016. 

The Director of the Federal Register 

approved the incorporation by reference 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Rules and Regulations 80243 

of a certain publication listed in this AD 

as of January 28, 2016. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain other publication listed in 

this AD as of November 29, 2013 (78 FR 

68345, November 14, 2013). 

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. It is also available 

on the Internet at https://

www.regulations.gov by searching for 

and locating Docket No. FAA–2015– 

0828. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http://

www.regulations.govby searching for 

and locating Docket No. FAA–2015– 

0828; 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: 

Nathan Weigand, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue SW., Renton, WA 

98057–3356; phone: 425–917–6428; fax: 

425–917–6590; email: 

nathan.p.weigand@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to supersede AD 2013–23–03, 

Amendment 39–17658 (78 FR 68345, 

November 14, 2013). AD 2013–23–03 

applied to certain The Boeing Company 

Model 747–100, 747–100B, 747–100B 

SUD, 747–200B, 747–200C, 747–200F, 

747–300, 747–400, 747–400D, 747– 

400F, and 747SR series airplanes. The 

NPRM published in the Federal 

Register on April 15, 2015 (80 FR 

20178). The NPRM was prompted by a 

report that a machining defect was also 

found on some of the actuator 

assemblies inspected during 

manufacture. The NPRM proposed to 

continue to require doing a detailed 

inspection of certain attach fittings for a 

cylindrical defect and replacing if 

necessary. This defect could lead to 

fatigue cracking and subsequent 

fracture. For certain airplanes, the 

NPRM proposed to mandate new 

inspections of the inboard actuator 

attach fittings for machining defects, 

and overhaul or replacement, if 

necessary. The NPRM also proposed to 

limit the compliance time for doing the 

replacement for certain other airplanes. 

We are issuing this AD to detect and 

correct defective inboard actuator attach 

fittings which, combined with loss of 

the outboard actuator load path, could 

result in uncontrolled retraction of the 

outboard flap, damage to flight control 

systems, and consequent reduced 

controllability of the airplane. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. The 

following presents the comments 

received on the NPRM (80 FR 20178, 

April 15, 2015) and the FAA’s response 

to each comment. 

Request to Add Terminating Action 

Boeing asked that we revise the 

NPRM (80 FR 20178, April 15, 2015) to 

specify that no additional action is 

required for a wall thickness of 0.140 

inch or greater with no machining 

defect present, as also provided in Table 

1 of Boeing Alert Service Bulletin 747– 

57A2443, Revision 1, dated June 23, 

2014. 

We agree with the commenter that no 

additional action is required for a wall 

thickness of 0.140 inch or greater with 

no machining defect present. However, 

we do not agree with the request to 

revise the AD because if this condition 

exists, no action is required by this AD. 

Only actions that are required to address 

the identified unsafe condition are 

specified in this AD. We have made no 

change to the AD in this regard. 

Request to Revise Certain Requirements 

Paragraph (k) of the proposed AD (80 

FR 20178, April 15, 2015) would have 

affected certain inboard actuator attach 

fittings that were inspected using 

Boeing Alert Service Bulletin 747– 

57A2443, dated September 12, 2013. 

United Airlines (UAL) requested that we 

remove this inspection criterion. UAL 

noted that there was no requirement to 

identify the actuators; therefore, 

operators would not be likely to 

positively identify them. UAL added 

that actuators are not likely to be 

tracked in position, and could have 

been moved between airplanes as a 

result of maintenance. UAL also stated 

that, in general, it would be better if the 

AD as a whole was worded not to 

depend on a record of previous 

inspection accomplishment, but rather 

on parts identification. 

We acknowledge the commenter’s 

concerns. We realize that paragraph (k) 

of this AD is predicated on the fact that 

operators kept records from the 

inspection specified in Boeing Alert 

Service Bulletin 747–57A2443, dated 

September 12, 2013. The intent of this 

AD is to either replace inboard actuator 

attach fittings having part number (P/N) 

65B08564–7, or to inspect P/N 

65B08564–7 for cylindrical defects, 

machining defects, and wall thickness, 

and accomplish applicable corrective 

actions. For that reason we have 

changed the introductory text of 

paragraph (k) of this AD so that it 

applies to airplanes on which doing the 

detailed inspection required by 

paragraph (h)(1) of this AD was done 

before the effective date of this AD and 

a cylindrical defect was found but a 

replacement was not done. We have also 

revised paragraph (k)(1) of this AD to 

require an ultrasonic inspection to 

determine the minimum thickness or 

mechanically determine the minimum 

thickness and to allow a records review 

for the inspections. This change ensures 

all inspections are done on airplanes 

with P/N 65B08564–7 that did not 

replace P/N 65B08564–7 after 

complying with AD 2013–23–03, 

Amendment 39–17658 (78 FR 68345, 

November 14, 2013). 

To address airplanes on which 

inboard actuator attach fittings were 

replaced after complying with 

paragraph (h)(1) of AD 2013–23–03, 

Amendment 39–17658 (78 FR 68345, 

November 14, 2013), we have added 

new paragraph (m) to this AD, which 

specifies that for airplanes on which the 

detailed inspection required by 

paragraph (h)(1) of this AD is done 

before the effective date of this AD and 

the inboard actuator attach fitting has 

been replaced since that inspection, the 

inspection to determine the part number 

specified in paragraph (g) of this AD 

must be done within 90 days after the 

effective date of this AD, and the 

applicable actions specified in 

paragraphs (h), (i), and (j) of this AD 

must be done within the applicable 

times specified in paragraphs (h), (i), 

and (j) of this AD. We have also added 

a records review as an option if records 

are available that can conclusively 

determine the part number. We 


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80244 Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Rules and Regulations 

redesignated subsequent paragraphs 

accordingly. 

Request to Add Inspection 

UAL stated that the actions specified 

in paragraph (l) of the proposed AD (80 

FR 20178, April 15, 2015) would also 

depend on the record of findings from 

inspections made in accordance with 

AD 2013–23–03, Amendment 39–17658 

(78 FR 68345, November 14, 2013). UAL 

added that there was no AD requirement 

to record these findings. UAL noted that 

operators conducted the inspections and 

took actions that were required. UAL 

stated that it would be better to call out 

a new inspection in the AD to determine 

which condition the actuator is in, and 

then take action as appropriate. 

We acknowledge the commenter’s 

concerns. We have revised paragraph (l) 

of this AD to specify that no actuator 

attach fitting having P/N 65B08564–7 

may be installed on any airplane unless 

the inspection specified in paragraph 

(h)(1) of this AD is done prior to 

installation and the applicable actions 

specified in paragraphs (i) and (j) of this 

AD are done within the applicable times 

specified in paragraphs (i) and (j) of this 

AD. We have also added a records 

review as an option if records are 

available that can conclusively 

determine if the actions have been done. 

Change to Paragraph (h)(2) of the 

Proposed AD ((80 FR 20178, April 15, 

2015) 

We have revised paragraph (h)(2) of 

this AD by referring to Boeing Alert 

Service Bulletin 747–57A2443, Revision 

1, dated June 23, 2014, as an appropriate 

source of service information for 

accomplishing the required actions. 

Conclusion 

We reviewed the relevant data, 

considered the comments received, and 

determined that air safety and the 

public interest require adopting this AD 

with the change described previously 

and minor editorial changes. We have 

determined that these minor changes: 

• Are consistent with the intent that 

was proposed in the NPRM (80 FR 

20178, April 15, 2015) for correcting the 

unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM (80 FR 20178, 

April 15, 2015). 

We also determined that this change 

will not increase the economic burden 

on any operator or increase the scope of 

this AD. 

Related Service Information Under 1 

CFR Part 51 

We reviewed Boeing Alert Service 

Bulletin 747–57A2443, dated September 

12, 2013; and Boeing Alert Service 

Bulletin 747–57A2443, Revision 1, 

dated June 23, 2014. The service 

information describes procedures for 

new inspections of the inboard actuator 

attach fittings for machining defects, 

and overhaul or replacement, if 

necessary. 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. 

Costs of Compliance 

We estimate that this AD affects 184 

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 

Retained inspection for part number in AD 

2013-23–03, Amendment 39-17658 (78 FR 

68345, November 14, 2013).

7 work-hours × $85 per hour = $595 ............. $0 $595 $109,480 

New proposed inspections for machining defect.8 work-hours × $85 per hour = $680 ............. 0 680 $125,120 

Replacement for airplanes without any defect 6 work-hours × $85 per hour = $510 ............. 13,720 14,230 $14,230 per 

airplane 

We have received no definitive data 

that would enable us to provide a cost 

estimate 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 

■ 1. The authority citation for part 39 

continues to read as follows: 

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


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Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Rules and Regulations 80245 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by 

removing Airworthiness Directive (AD) 

2013–23–03, Amendment 39–17658 (78 

FR 68345, November 14, 2013), and 

adding the following new AD: 

2015–25–03 The Boeing Company: 

Amendment 39–18341; Docket No. 

FAA–2015–0828; Directorate Identifier 

2014–NM–146–AD. 

(a) Effective Date 

This AD is effective January 28, 2016. 

(b) Affected ADs 

This AD replaces AD 2013–23–03, 

Amendment 39–17658 (78 FR 68345, 

November 14, 2013). 

(c) Applicability 

This AD applies to The Boeing Company 

Model 747–100, 747–100B, 747–100B SUD, 

747–200B, 747–200C, 747–200F, 747–300, 

747–400, 747–400D, 747–400F, and 747SR 

series airplanes, certificated in any category, 

as identified in Boeing Alert Service Bulletin 

747–57A2443, Revision 1, dated June 23, 

2014. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 57, Wings. 

(e) Unsafe Condition 

This AD was prompted by a report of the 

fracture of an inboard actuator attach fitting 

of the outboard flap. An inspection of the 

attach fitting revealed that it was incorrectly 

machined with a cylindrical profile instead 

of a conical profile, resulting in reduced wall 

thickness. A machining defect was also 

found on some actuator assemblies inspected 

during manufacture at the point where the 

tapered machining transitioned to the 

hemispherical machining at the top of the 

inner surface. This defect could lead to 

fatigue cracking and subsequent fracture. We 

are issuing this AD to detect and correct 

defective inboard actuator attach fittings 

which, combined with loss of the outboard 

actuator load path, could result in 

uncontrolled retraction of the outboard flap, 

damage to flight control systems, and 

consequent reduced controllability of the 

airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Retained Part Number Inspection With 

Revised Service Information 

This paragraph restates the requirements of 

paragraph (g) of AD 2013–23–03, 

Amendment 39–17658 (78 FR 68345, 

November 14, 2013), with revised service 

information. Within 90 days after November 

29, 2013 (the effective date of AD 2013–23– 

03): Inspect to determine the part number of 

the inboard actuator attach fittings of the 

outboard flaps, in accordance with Part 1 of 

the Accomplishment Instructions of Boeing 

Alert Service Bulletin 747–57A2443, dated 

September 12, 2013; or Boeing Alert Service 

Bulletin 747–57A2443, Revision 1, dated 

June 23, 2014. As of the effective date of this 

AD, only Boeing Alert Service Bulletin 747– 

57A2443, Revision 1, dated June 23, 2014, 

may be used. 

(h) Retained Actions for Certain Attach 

Fittings With Revised Service Information 

This paragraph restates the requirements of 

paragraph (h) of AD 2013–23–03, 

Amendment 39–17658 (78 FR 68345, 

November 14, 2013), with revised service 

information. If, during the inspection 

required by paragraph (g) of this AD, any 

inboard actuator attach fitting having part 

number (P/N) 65B08564–7 is found, before 

further flight, do the actions specified in 

paragraph (h)(1) or (h)(2) of this AD. 

(1) Do a detailed inspection of the inboard 

actuator attach fitting for a cylindrical defect, 

in accordance with Part 2 of the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 747–57A2443, dated 

September 12, 2013; or Boeing Alert Service 

Bulletin 747–57A2443, Revision 1, dated 

June 23, 2014. As of the effective date of this 

AD, only Boeing Alert Service Bulletin 747– 

57A2443, Revision 1, dated June 23, 2014, 

may be used. For airplanes on which the 

detailed inspection is done before the 

effective date of this AD: If any cylindrical 

defect is found, before further flight, do the 

actions specified in paragraph (h)(1)(i) or 

(h)(1)(ii) of this AD. 

(i) Do a minimum thickness inspection of 

the inboard actuator attach fitting to 

determine minimum wall thickness of the 

actuator fitting assembly, in accordance with 

Part 3 of the Accomplishment Instructions of 

Boeing Alert Service Bulletin 747–57A2443, 

dated September 12, 2013; or Boeing Alert 

Service Bulletin 747–57A2443, Revision 1, 

dated June 23, 2014. If the minimum 

thickness of the wall is less than 0.130 inch: 

Before further flight, replace the inboard 

actuator attach fitting of the outboard flap, in 

accordance with Part 4 of the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 747–57A2443, dated 

September 12, 2013. 

(ii) Replace the inboard actuator attach 

fitting of the outboard flap, in accordance 

with Part 4 of the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

747–57A2443, dated September 12, 2013. 

(2) Replace the inboard actuator attach 

fitting of the outboard flap, in accordance 

with Part 4 of the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

747–57A2443, dated September 12, 2013; or 

Boeing Alert Service Bulletin 747–57A2443, 

Revision 1, dated June 23, 2014. As of the 

effective date of this AD, only Boeing Alert 

Service Bulletin 747–57A2443, Revision 1, 

dated June 23, 2014, may be used. 

(i) New Actions for Certain Airplanes on 

Which Any Cylindrical Defect Is Found 

For airplanes on which the detailed 

inspection required by paragraph (h)(1) of 

this AD is done on or after the effective date 

of this AD: If any cylindrical defect is found 

during any inspection required by paragraph 

(h)(1) of this AD, before further flight, do the 

actions specified in paragraph (i)(1) or (i)(2) 

of this AD. 

(1) Determine the minimum wall thickness 

of the actuator attach fitting either by doing 

an ultrasonic inspection or by mechanically 

measuring the thickness and do a detailed 

inspection of the inner conical section to 

determine if the machining defect is present, 

in accordance with Part 3 of the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 747–57A2443, Revision 1, 

dated June 23, 2014. 

(i) If the minimum thickness of the wall is 

less than 0.130 inch: Before further flight, 

replace the inboard actuator attach fitting of 

the outboard flap, in accordance with Part 4 

of the Accomplishment Instructions of 

Boeing Alert Service Bulletin 747–57A2443, 

Revision 1, dated June 23, 2014. 

(ii) If the minimum thickness of the wall 

is 0.140 inch or greater and the machining 

defect is present, before further flight, do the 

actions specified in paragraph (i)(1)(ii)(A) or 

(i)(1)(ii)(B) of this AD. 

(A) Overhaul the inboard actuator attach 

fitting of the outboard flap, in accordance 

with Part 5 of the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

747–57A2443, Revision 1, dated June 23, 

2014. 

(B) Replace the inboard actuator attach 

fitting of the outboard flap, in accordance 

with Part 4 of the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

747–57A2443, Revision 1, dated June 23, 

2014. 

(iii) If the minimum thickness of the wall 

is 0.130 inch or greater and less than 0.140 

inch and the machining defect is not present, 

within 48 months or 3,000 flight cycles after 

the effective date of this AD, whichever 

occurs first, replace the inboard actuator 

attach fitting of the outboard flap, in 

accordance with Part 4 of the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 747–57A2443, Revision 1, 

dated June 23, 2014. 

(iv) If the minimum thickness of the wall 

is 0.130 inch or greater and less than 0.140 

inch and the machining defect is present, 

before further flight, replace the inboard 

actuator attach fitting of the outboard flap, in 

accordance with Part 4 of the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 747–57A2443, Revision 1, 

dated June 23, 2014. 

(2) Replace the inboard actuator attach 

fitting of the outboard flap, in accordance 

with Part 4 of the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

747–57A2443, Revision 1, dated June 23, 

2014. 

(j) New Actions for Airplanes on Which No 

Cylindrical Defects Are Found 

If no cylindrical defect is found during any 

inspection required by paragraph (h)(1) of 

this AD, within 24 months after the effective 

date of this AD, do the actions specified in 

paragraph (j)(1) or (j)(2) of this AD. 

(1) Determine the minimum wall thickness 

of the actuator attach fitting either by doing 

an ultrasonic inspection or by mechanically 

measuring the thickness and do a detailed 

inspection of the inner conical section to 

determine if the machining defect is present, 

in accordance with Part 3 of the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 747–57A2443, Revision 1, 

dated June 23, 2014. 


tkelley on DSK3SPTVN1PROD with RULES
80246 Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Rules and Regulations 

(i) If the minimum thickness of the wall is 

less than 0.130 inch: Before further flight, 

replace the inboard actuator attach fitting of 

the outboard flap, in accordance with Part 4 

of the Accomplishment Instructions of 

Boeing Alert Service Bulletin 747 57A2443, 

Revision 1, dated June 23, 2014. 

(ii) If the minimum thickness of the wall 

is 0.140 inch or greater and the machining 

defect is present, before further flight, do the 

actions specified in paragraph (j)(1)(ii)(A) or 

(j)(1)(ii)(B) of this AD. 

(A) Overhaul the inboard actuator attach 

fitting of the outboard flap, in accordance 

with Part 5 of the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

747–57A2443, Revision 1, dated June 23, 

2014. 

(B) Replace the inboard actuator attach 

fitting of the outboard flap, in accordance 

with Part 4 of the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

747–57A2443, Revision 1, dated June 23, 

2014. 

(iii) If the minimum thickness of the wall 

is 0.130 inch or greater and less than 0.140 

inch and the machining defect is not present, 

within 48 months or 3,000 flight cycles after 

the effective date of this AD, whichever 

occurs first, replace the inboard actuator 

attach fitting of the outboard flap, in 

accordance with Part 4 of the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 747–57A2443, Revision 1, 

dated June 23, 2014. 

(iv) If the minimum thickness of the wall 

is 0.130 inch or greater and less than 0.140 

inch and the machining defect is present, 

before further flight, replace the inboard 

actuator attach fitting of the outboard flap, in 

accordance with Part 4 of the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 747–57A2443, Revision 1, 

dated June 23, 2014 

(2) Replace the inboard actuator attach 

fitting of the outboard flap, in accordance 

with Part 4 of the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

747–57A2443, Revision 1, dated June 23, 

2014. 

(k) New Inspection or Replacement for 

Certain Fittings That Were Previously 

Inspected 

For airplanes on which the detailed 

inspection required by paragraph (h)(1) of 

this AD is done before the effective date of 

this AD, except as required by paragraph (m) 

of this AD: If any cylindrical defect is found 

during any inspection required by paragraph 

(h)(1) of this AD and the replacement of the 

inboard actuator attach fitting of the outboard 

flap was not done as specified in Part 4 of 

the Accomplishment Instructions of Boeing 

Alert Service Bulletin 747–57A2443, within 

24 months after the effective date of this AD, 

do the actions specified in paragraph (k)(1) 

or (k)(2) of this AD. 

(1) Do a detailed inspection of the inner 

conical section for machining defects and do 

an ultrasonic inspection to determine the 

minimum thickness or mechanically 

determine the minimum thickness, in 

accordance with Part 3 of the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 747–57A2443, Revision 1, 

dated June 23, 2014. A review of airplane 

maintenance records, if available, is 

acceptable to determine the wall thickness 

and to determine if there are machining 

defects, provided wall thickness and 

machining defects can be positively 

determined from the records review. 

(i) If any machining defect is found and the 

minimum thickness of the wall is 0.140 inch 

or greater: Before further flight, do the actions 

specified in paragraph (k)(1)(i)(A) or 

(k)(1)(i)(B) of this AD. 

(A) Overhaul the inboard actuator attach 

fitting of the outboard flap, in accordance 

with Part 5 of the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

747–57A2443, Revision 1, dated June 23, 

2014. 

(B) Replace the inboard actuator attach 

fitting of the outboard flap, in accordance 

with Part 4 of the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

747–57A2443, Revision 1, dated June 23, 

2014. 

(ii) If any machining defect is found and 

the minimum thickness of the wall is 0.130 

inch or greater and less than 0.140 inch: 

Before further flight, replace the inboard 

actuator attach fitting of the outboard flap, in 

accordance with Part 4 of the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 747–57A2443, Revision 1, 

dated June 23, 2014. 

(iii) If no machining defect is found and 

the minimum thickness of the wall is 0.130 

inch or greater and less than 0.140 inch: 

Within 48 months or 3,000 flight cycles after 

the effective date of this AD, whichever 

occurs first, replace the inboard actuator 

attach fitting of the outboard flap, in 

accordance with Part 4 of the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 747–57A2443, Revision 1, 

dated June 23, 2014. 

(iv) If a machining defect is or is not found 

and the minimum thickness of the wall is 

less than 0.130 inch: Before further flight, 

replace the inboard actuator attach fitting of 

the outboard flap, in accordance with Part 4 

of the Accomplishment Instructions of 

Boeing Alert Service Bulletin 747–57A2443, 

Revision 1, dated June 23, 2014. 

(2) Replace the inboard actuator attach 

fitting of the outboard flap, in accordance 

with Part 4 of the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

747–57A2443, Revision 1, dated June 23, 

2014. 

(l) Parts Installation Limitation 

As of the effective date of this AD, no 

actuator attach fitting having P/N 65B08564– 

7 may be installed on any airplane unless the 

inspection specified in paragraph (h)(1) of 

this AD is done prior to installation and the 

applicable actions specified in paragraphs (i) 

and (j) of this AD are done within the 

applicable times specified in paragraphs (i) 

and (j) of this AD. A review of airplane 

maintenance records, if available, is 

acceptable to determine if the inspection and 

applicable actions have been done, provided 

the inspection and actions can be positively 

determined from the records review. 

(m) Action for Parts Installed After AD 

2013–23–03, Amendment 39–17658 (78 FR 

68345, November 14, 2013) Was 

Accomplished 

For airplanes on which the detailed 

inspection required by paragraph (h)(1) of 

this AD is done before the effective date of 

this AD and the inboard actuator attach 

fitting was replaced since that inspection: 

Within 90 days after the effective date of this 

AD, inspect to determine the part number of 

the inboard actuator attach fittings of the 

outboard flaps and, for inboard actuator 

attach fittings having P/N 65B08564–7, do 

the applicable actions specified in 

paragraphs (h), (i), and (j) of this AD within 

the applicable times specified in paragraphs 

(h), (i), and (j) of this AD. A review of 

airplane maintenance records, if available, is 

acceptable to determine the part number, 

provided the part number can be positively 

determined from the records review. 

(n) 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 (o) of this AD. Information may 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) If any service information contains 

steps that are identified as RC (Required for 

Compliance), those steps must be done to 

comply with this AD; any steps that are not 

identified as RC are recommended. Those 

steps that are not identified as RC may be 

deviated from using accepted methods in 

accordance with the operator’s maintenance 

or inspection program without obtaining 

approval of an AMOC provided the steps 

identified as RC can be done and the airplane 

can be put back in an airworthy condition. 

Any substitutions or changes to steps 

identified as RC require approval of an 

AMOC. 

(5) AMOCs approved for AD 2013–23–03, 

Amendment 39–17658 (78 FR 68345, 

November 14, 2013) are approved as AMOCs 

for the corresponding provisions of this AD. 

(o) Related Information 

For more information about this AD, 

contact Nathan Weigand, Aerospace 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Rules and Regulations 80247 

1See Adaptation of Regulations to Incorporate 

Swaps—Records of Transactions, 77 FR 75523 

(December 21, 2012) (‘‘2012 Amendment Adopting 

Release’’). 

2 17 CFR 1.35(a)(1). 

3The term ‘‘registered entity’’ is defined in CEA 

section 1a(40) to include both DCMs and SEFs. See 

CEA sections 1a(40)(A) (DCMs) and (D) (SEFs). 

4 7 U.S.C. 1a(34). 

5As stated in the 2012 Amendment, the oral 

recordkeeping requirement in Regulation 1.35(a) 

does not apply to: (i) Oral communications that lead 

solely to the execution of a related cash or forward 

transaction; (ii) oral communications provided or 

received by a floor broker that do not lead to the 

purchase or sale for any person other than the floor 

broker of any commodity for future delivery, 

security futures product, swap, or commodity 

option authorized under section 4c of the 

Commodity Exchange Act; (iii) an introducing 

broker that has generated over the preceding three 

years $5 million or less in aggregate gross revenues 

from its activities as an introducing broker; (iv) a 

floor trader; (v) a commodity pool operator; (vi) a 

swap dealer; (vii) a major swap participant; or (viii) 

a member of a DCM or SEF that is not registered 

or required to be registered with the Commission 

in any capacity. 17 CFR 1.35(a)(1). 

6 17 CFR 1.35(a)(1). 

7 Id. 

Engineer, Airframe Branch, ANM–120S, 

FAA, Seattle Aircraft Certification Office, 

1601 Lind Avenue SW., Renton, WA 98057– 

3356; phone: 425–917–6428; fax: 425–917– 

6590; email: nathan.p.weigand@faa.gov. 

(p) 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 January 28, 2016. 

(i) Boeing Alert Service Bulletin 747– 

57A2443, Revision 1, dated June 23, 2014. 

(ii) Reserved. 

(4) The following service information was 

approved for IBR on November 29, 2013 (78 

FR 68345, November 14, 2013). 

(i) Boeing Alert Service Bulletin 747– 

57A2443, dated September 12, 2013. 

(ii) Reserved. 

(5) 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. 

(6) You may view this 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. 

(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/ibrlocations.html. 

Issued in Renton, Washington, on 

November 24, 2015. 

Jeffrey E. Duven, 

Manager, Transport Airplane 

Directorate,Aircraft Certification Service. 

[FR Doc. 2015–30881 Filed 12–23–15; 8:45 am] 

BILLING CODE 4910–13–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Part 1 

RIN 3038–AE23 

Records of Commodity Interest and 

Related Cash or Forward Transactions 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commodity Futures 

Trading Commission (the 

‘‘Commission’’ or ‘‘CFTC’’) is amending 

Commission Regulation 1.35(a) to: 

Provide that all records required to be 

maintained under this regulation must 

be maintained in a form and manner 

which permits prompt, accurate and 

reliable location, access, and retrieval of 

any particular record, data, or 

information; clarify that all records, 

except records of oral and written 

communications leading to the 

execution of a commodity interest 

transaction and related cash or forward 

transactions, must be kept in a form and 

manner that allows for identification of 

a particular transaction; exclude 

members of designated contract markets 

(‘‘DCMs’’) and of swap execution 

facilities (‘‘SEFs’’) that are not registered 

or required to register with the 

Commission (‘‘Unregistered Members’’) 

from the requirements to keep written 

communications that lead to the 

execution of a commodity interest 

transaction and related cash or forward 

transactions, keep text messages, and 

keep records in a particular form and 

manner; and exclude commodity 

trading advisors (‘‘CTAs’’) from the oral 

recordkeeping requirement (‘‘Final 

Rule’’). 

DATES: Effective December 24, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Katherine Driscoll, Associate Chief 

Counsel, (202) 418–5544, kdriscoll@

cftc.gov; August A. Imholtz III, Special 

Counsel, (202) 418–5140, aimholtz@

cftc.gov; or Lauren Bennett, Special 

Counsel, (202) 418–5290, lbennett@

cftc.gov, Division of Swap Dealer and 

Intermediary Oversight, Commodity 

Futures Trading Commission, 1155 21st 

Street NW., Washington, DC 20581. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Commission amended Regulation 

1.35(a) in December 2012 as part of a 

series of rulemakings intended to 

integrate certain existing Commission 

rules more fully with the framework 

created by the Dodd-Frank Wall Street 

Reform and Consumer Protection Act 

for swap dealers and major swap 

participants (the ‘‘2012 Amendment’’).1

Regulation 1.35(a) requires each 

futures commission merchant (‘‘FCM’’), 

retail foreign exchange dealer (‘‘RFED’’), 

introducing broker (‘‘IB’’), and member 

of a DCM or of a SEF to keep full, 

complete, and systematic records of all 

transactions relating to its business of 

dealing in commodity interest and 

related cash or forward transactions.2

The Commodity Exchange Act (‘‘CEA’’) 

defines ‘‘member’’ as an individual, 

association, partnership, corporation, or 

trust—(i) owning or holding 

membership in, or admitted to 

membership representation on, the 

registered entity 3 or derivatives 

transaction execution facility; or (ii) 

having trading privileges on the 

registered entity or derivatives 

transaction execution facility.4

Regulation 1.35(a) requires FCMs, 

RFEDs, IBs, and members of a DCM or 

of a SEF to keep records of written 

communications that lead to the 

execution of a commodity interest 

transaction and related cash or forward 

transactions. Additionally, Regulation 

1.35(a) includes a requirement to keep 

records of certain oral communications, 

which applies to each FCM, RFED, large 

IB (defined as an IB that has generated 

over $5 million in aggregate gross 

revenues over the preceding three years 

from its activities as an IB), and member 

of a DCM or of a SEF that is registered 

or required to register with the 

Commission as a floor broker (‘‘FB’’) 

(only with regard to acting as an agent 

for a non-affiliated client) or as a CTA.5

Unlike the written recordkeeping 

requirement that applies to both 

commodity interest transactions and 

related cash or forward transactions, the 

oral recordkeeping requirement is 

limited to commodity interest 

transactions.6 The scope of records 

covered by Regulation 1.35(a) includes 

communications by telephone, 

voicemail, facsimile, instant messaging, 

chat rooms, electronic mail, mobile 

device, or other digital or electronic 

media.7 These communications include 

text messages. Regulation 1.35(a) also 

mandates that all records be kept in a 

form and manner identifiable and 

searchable by transaction. 


tkelley on DSK3SPTVN1PROD with RULES