[Federal Register Volume 73, Number 110 (Friday, June 6, 2008)]
[Proposed Rules]
[Pages 32252-32253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-12684]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0616; Directorate Identifier 2007-NM-353-AD]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 767 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all 
Boeing Model 767 airplanes. This proposed AD would require performing 
repetitive operational tests of the engine fuel suction feed of the 
fuel system, and other related testing if necessary. This proposed AD 
results from a report of in-service occurrences of loss of fuel system 
suction feed capability, followed by total loss of pressure of the fuel 
feed system. We are proposing this AD to detect and correct failure of 
the engine fuel suction feed of the fuel system, which could result in 
dual engine flameout, inability to restart the engines, and consequent 
forced landing of the airplane.

DATES: We must receive comments on this proposed AD by July 21, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Boeing 
Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Sue Lucier, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone 
(425) 917-6438; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0616; 
Directorate Identifier 2007-NM-353-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    We have received a report of in-service occurrences of loss of fuel 
system suction feed capability, followed by total loss of pressure of 
the fuel feed system. This condition, if not corrected, could result in 
dual engine flameout, inability to restart the engines, and consequent 
forced landing of the airplane.

FAA's Conclusions

    We have determined that it is necessary to require an operational 
test of the engine fuel suction feed of the fuel system, and other 
related testing, as applicable. Procedures for doing the operational 
test can be found in the maintenance manual. The other related testing 
is for airplanes on which one or both of the engines stop idling in 
less than five minutes after starting the test. Failure of the engine 
fuel suction feed of the fuel system could result in the unsafe 
condition described previously.

FAA's Determination and Requirements of This Proposed AD

    We are proposing this AD because we have evaluated all pertinent 
information and identified an unsafe condition that is likely to exist 
or develop on other airplanes of this same type design. This proposed 
AD would require performing repetitive operational tests of the engine 
fuel suction feed of the fuel system, and other related testing if 
necessary.

Costs of Compliance

    We estimate that this proposed AD would affect 416 airplanes of 
U.S. registry. We also estimate that it would take 1 work-hour per 
product, per test, to comply with this proposed AD. The average labor 
rate is $80 per work-hour. Based on these figures, we estimate the cost 
of this proposed AD to the U.S. operators to be $33,280, or $80 per 
product, per test.

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

[[Page 32253]]

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 determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866,
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979), and
    3. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    You can find our regulatory evaluation and the estimated costs of 
compliance in the AD Docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Boeing: Docket No. FAA-2008-0616; Directorate Identifier 2007-NM-
353-AD.

Comments Due Date

    (a) We must receive comments by July 21, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Boeing Model 767-200, -300, -300F, 
and -400ER series airplanes, certificated in any category.

Unsafe Condition

    (d) This AD results from a report of in-service occurrences of 
loss of fuel system suction feed capability, followed by total loss 
of pressure of the fuel feed system. We are issuing this AD to 
detect and correct failure of the engine fuel suction feed of the 
fuel system, which could result in dual engine flameout, inability 
to restart the engines, and consequent forced landing of the 
airplane.

Compliance

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

Operational Test/Other Related Testing

    (f) Within 7,500 flight hours after the effective date of this 
AD, perform an operational test of the engine fuel suction feed of 
the fuel system, and perform all other related testing, as 
applicable, before further flight, according to a method approved by 
the Manager, Seattle Aircraft Certification Office (ACO), FAA. One 
approved method is the operational test in Section 28-22-00, titled 
``Engine Fuel Feed System--Description and Operation,'' of the 
Boeing 767 Maintenance Manual; and Boeing 767 Task Card 28-018-02, 
titled ``Engine Fuel Suction Feed System,'' dated August 22, 2007. 
Repeat the operational test thereafter at intervals not to exceed 
7,500 flight hours. Thereafter, except as provided in paragraph (g) 
of this AD, no alternative procedure or repeat test intervals will 
be allowed.

Alternative Methods of Compliance (AMOCs)

    (g)(1) The Manager, Seattle ACO, FAA, ATTN: Sue Lucier, 
Aerospace Engineer, Propulsion Branch, ANM-140S, 1601 Lind Avenue, 
SW., Renton, Washington 98057-3356; telephone (425) 917-6438; fax 
(425) 917-6590, has the authority to approve AMOCs for this AD, if 
requested using the procedures found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.

    Issued in Renton, Washington, on May 16, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-12684 Filed 6-5-08; 8:45 am]
BILLING CODE 4910-13-P