[Federal Register Volume 74, Number 35 (Tuesday, February 24, 2009)]
[Rules and Regulations]
[Pages 8155-8159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3823]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1199; Directorate Identifier 2008-NM-207-AD; 
Amendment 39-15781; AD 2008-24-51]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 737-600, -700, -700C, -
800, and -900 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: This document publishes in the Federal Register an amendment 
adopting airworthiness directive (AD) 2008-24-51 that was sent 
previously to all known U.S. owners and operators of Boeing Model 737-
600, -700, -700C, -800, and -900 series airplanes by individual 
notices. This AD requires accomplishing a wiring test of the 
autoshutoff system to verify continuity and a visual verification that 
the wiring is correctly installed; doing corrective actions, if 
necessary; and doing a functional test of the autoshutoff system, and 
applicable maintenance actions. This AD is prompted by a report of a 
failure of the left-hand fuel pump of the center wing tank to shut off 
after being selected ``OFF'' by the flightcrew during flight on a 
Boeing Model 737-700 series airplane. Subsequent to that report, the 
failure was found on two additional airplanes. We are issuing this AD 
to prevent extended dry-running of the fuel pump, which could lead to 
localized overheating of parts inside the fuel pump, and which could 
produce an ignition source inside the fuel tank.

DATES: This AD becomes effective March 2, 2009 to all persons except 
those persons to whom it was made immediately effective by emergency AD 
2008-24-51, issued November 18, 2008, which contained the requirements 
of this amendment.
    The incorporation by reference of certain publications listed in 
the AD is approved by the Director of the Federal Register as of March 
2, 2009.
    We must receive comments on this AD by April 27, 2009.

ADDRESSES: You may send comments by any of the following methods:

[[Page 8156]]

     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 Boeing service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax 206-766-5680; e-mail [email protected]; 
Internet https://www.myboeingfleet.com.
    For the Federal Aviation Administration Master Minimum Equipment 
List for Boeing 737 100/200/300/400/500/600/700/800/900 specified in 
this AD, contact the FAA, Flight Standards Division, Seattle Aircraft 
Evaluation Group, 1601 Lind Avenue, SW., Renton, Washington 98057. For 
information on the availability of this material at the FAA, call 425-
917-6600 or fax 425-917-6638.

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 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: Samuel Spitzer, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone 
(425) 917-6510; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION: On November 18, 2008, we issued emergency AD 
2008-24-51, which applies to Boeing Model 737-600, -700, -700C, -800, 
and -900 series airplanes.

Background

    We received a report of failure of the left-hand fuel pump of the 
center wing tank (CWT) to shut off after being selected ``OFF'' by the 
flightcrew during flight on a Boeing Model 737-700 series airplane. 
Subsequent to that report, the failure was found on two additional 
airplanes. Information indicates that the autoshutoff system appears to 
function normally; however, when the flightcrew manually turns off the 
CWT pump switches, that action turns off the right-hand pump, but re-
energizes the left-hand pump due to incorrect wiring. The low-pressure 
lights turn off, incorrectly indicating to the flightcrew that power to 
both pumps has been removed. The failure condition results in continual 
running of the left-hand fuel pump without indication to the 
flightcrew, which could lead to localized overheating of parts inside 
the fuel pump, and which could produce an ignition source inside the 
fuel tank.
    Investigation revealed that incorrect wiring could occur on 
airplanes on which an autoshutoff system was installed in accordance 
with Boeing Alert Service Bulletin 737-28A1206. Functional tests 
conducted in accordance with that service bulletin are not adequate to 
detect the incorrect wiring condition.
    We approved installation of the autoshutoff system as an 
alternative method of compliance to AD 2002-24-51, amendment 39-12992 
(68 FR 10, January 2, 2003). That AD was issued to address reports 
indicating that two fuel tank pumps showed evidence of extreme 
localized overheating of parts in the priming and vapor pump section of 
the fuel pump. That AD required revising the airplane flight manual to 
require the flightcrew to maintain certain minimal fuel levels in the 
center fuel tanks.

Relevant Service Information

    We have reviewed Boeing Alert Service Bulletin 737-28A1248, 
Revision 1, dated January 9, 2008. This service bulletin describes 
procedures for installing a power failed `ON' protection system (i.e., 
uncommanded pump `ON' protection system) for the center tank fuel boost 
pump.

FAA's Determination and Requirements of This AD

    Since the unsafe condition described is likely to exist or develop 
on other airplanes of the same type design, we issued emergency AD 
2008-24-51 to prevent extended dry-running of the fuel pump, which 
could lead to localized overheating of parts inside the fuel pump, and 
which could produce an ignition source inside the fuel tank. The AD 
requires accomplishing a wiring test of the autoshutoff system to 
verify continuity and a visual verification that the wiring is 
correctly installed; doing corrective actions, if necessary; and doing 
a functional test of the autoshutoff system, and applicable maintenance 
actions. These maintenance actions, which are specified in Chapter 28, 
Section 28-22 of the Boeing 737-600/700/800/900 Fault Isolation Manual, 
Document D633A103, Revision 37, dated October 15, 2008, include (but 
are not limited to) doing a fault isolation procedure, checks of the 
left center wing tank boost pump functions, relays and wiring checks, 
and repairs.
    We found that immediate corrective action was required; therefore, 
notice and opportunity for prior public comment thereon were 
impracticable and contrary to the public interest, and good cause 
existed to make the AD effective immediately by individual notices 
issued on November 18, 2008, to all known U.S. owners and operators of 
Boeing Model 737-600, -700, -700C, -800, and -900 series airplanes. 
These conditions still exist, and the AD is hereby published in the 
Federal Register as an amendment to section 39.13 of the Federal 
Aviation Regulations (14 CFR 39.13) to make it effective to all 
persons.

 Interim Action

    This AD is considered to be interim action. The inspection report 
that is required by this AD will enable the manufacturer to obtain 
better insight into the nature, cause, and extent of the failure of the 
left-hand fuel pump of the CWT to shut off after being selected ``OFF'' 
by the flightcrew, and eventually to develop final action to address 
the unsafe condition. Once final action has been identified, we might 
consider further rulemaking.
    In addition, for airplanes on which the uncommanded pump ``ON'' 
protection system is installed in accordance with Boeing Alert Service 
Bulletin 737-28A1248, we are considering further rulemaking that might 
require additional testing.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not provide you with notice and an opportunity to 
provide your comments before it becomes effective. However, we invite 
you to send any written data, views, or arguments about this AD. Send 
your comments to an address listed under the ADDRESSES section. Include 
``Docket No. FAA-2008-1199; Directorate Identifier 2008-NM-207-AD'' at 
the beginning of your comments. We specifically invite comments on the 
overall regulatory, economic, environmental, and energy

[[Page 8157]]

aspects of this AD. We will consider all comments received by the 
closing date and may amend this 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 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.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If this 
emergency regulation is later deemed significant under DOT Regulatory 
Policies and Procedures, we will prepare a final regulatory evaluation 
and place it in the AD Docket. See the ADDRESSES section for a location 
to examine the regulatory evaluation, if filed.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
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 adding the following new airworthiness 
directive (AD):

2008-24-51 Boeing: Amendment 39-15781. Docket No. FAA-2008-1199; 
Directorate Identifier 2008-NM-207-AD.

Effective Date

    (a) This AD becomes effective March 2, 2009, to all persons 
except those persons to whom it was made immediately effective by 
emergency AD 2008-24-51, issued on November 18, 2008, which 
contained the requirements of this amendment.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 737-600, -700, -700C, -800, 
and -900 series airplanes, certificated in any category; on which 
Boeing Alert Service Bulletin 737-28A1206 has been accomplished.

Unsafe Condition

    (d) This AD results from a report of a failure of the left-hand 
fuel pump of the center wing tank (CWT) to shut off after being 
selected ``OFF'' by the flightcrew during flight on a Boeing Model 
737-700 series airplane. Subsequent to that report, the failure was 
found on two additional airplanes. The failure condition results in 
continual running of the pump without indication to the flightcrew. 
We are issuing this AD to prevent extended dry-running of the fuel 
pump, which could lead to localized overheating of parts inside the 
fuel pump, and which could produce an ignition source inside the 
fuel tank.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Test

    (f) Within 48 clock-hours after the effective date of this AD, 
or prior to further flight, whichever occurs later: Except as 
provided by paragraphs (g) and (h) of this AD, do the autoshutoff 
system wiring test specified in paragraphs (f)(1) through (f)(10) of 
this AD.
    (1) Remove electrical power from the airplane.
    (2) Open the following circuit breakers, and install collars and 
'DO-NOT-CLOSE' tags on the circuit breakers.
    (i) Circuit breaker (CB) C3012, XFR BUS 2 SECT 2, on the P92 
panel.
    (ii) CB C3002, XFR BUS 1 SECT 2, on the P91 panel.
    (iii) CB C1639, Fuel Auto S/O BST PUMP CTR TNK L AC, on the P6-3 
panel.
    (3) Verify continuity between TB5060F in terminal 5 and the bus 
side terminal of CB C1639 in the P6-3 circuit breaker panel.
    (4) Check that wire number W0040-6402-14 is installed in 
terminal 5 of TB5060F.
    (5) If, during the action required by paragraph (f)(3) of this 
AD, there is no continuity; or if, during the check required by 
paragraph (f)(4) of this AD, the wire is found not installed in 
TB5060F terminal 5: Before further flight, trace wire W0040-6402-14 
from CB C1639 and re-terminate the other end of the wire to TB5060F 
terminal 5. After re-terminating the wire, before further flight, do 
the actions specified in paragraphs (f)(3) and (f)(4) of this AD.
    (6) Remove the tags and collars from the following circuit 
breakers and close the circuit breakers.
    (i) CB C3012, XFR BUS 2 SECT 2, on the P92 panel.
    (ii) CB C3002, XFR BUS 1 SECT 2, on the P91 panel.
    (iii) CB C1639, Fuel Auto S/O BST PUMP CTR TNK L AC, on the P6-3 
panel.
    (7) Supply electrical power to the airplane.
    (8) Verify the voltage at CB C1639 is 115 volts alternating 
current +/-5 volts.
    (9) If the voltage is not within the limits specified in 
paragraph (f)(8) of this AD, before further flight, repeat the 
actions required by paragraphs (f)(1) through (f)(8) of this AD.
    (10) Test the autoshutoff system as follows:
    (i) On P5-4 panel, switch Bus Transfer to OFF.
    (ii) Using only one power source (auxiliary power unit (APU) or 
an engine generator), power only AC Bus 1 with no power to AC Bus 2.
    (iii) Do the ``Center Tank Boost Pump Auto Shutoff Functional 
Test'' in accordance with paragraphs 9.A. through 9.G. of Task 28-
22-00-720-805 of the Boeing 737-600/700/800/900 Aircraft Maintenance 
Manual, Document D633A101, Revision 37, dated October 15, 2008. 
Accomplishment of paragraphs 9.H. and 9.I. of the functional test 
should not be accomplished.
    (iv) If the autoshutoff test fails the test required by 
paragraph (f)(10)(iii) of this AD: Within 48 clock-hours after the 
effective date of this AD, or before further flight, whichever 
occurs later, do either paragraph (f)(10)(iv)(A) or (f)(10)(iv)(B) 
of this AD.
    (A) Do all applicable maintenance actions in accordance with 
Chapter 28, Section 28-22, of the Boeing 737-600/700/800/900 Fault 
Isolation Manual, Document D633A103, Revision 37, dated October 15, 
2008, and repeat the action required by paragraph (f)(10)(iii) of 
this AD.
    (B) Deactivate the left-hand fuel pump of the CWT as specified 
in paragraph (g) of this AD.

[[Page 8158]]

Optional Deactivation/Reactivation

    (g) Deactivation of the left-hand fuel pump of the CWT and 
operation in accordance with Item 28-02, `Fuel Boost Pumps (Center 
Tank), of the Federal Aviation Administration Master Minimum 
Equipment List for Boeing 737 100/200/300/400/500/600/700/800/900, 
Revision 52, dated April 29, 2008, may be accomplished in lieu of 
the requirements of paragraph (f) of this AD until the left-hand 
fuel pump of the CWT is reactivated. If the pump is deactivated, 
dispatch under this configuration is allowed for 10 days. For 
airplanes on which the left-hand fuel pump of the CWT is deactivated 
under the provision of this paragraph: Prior to further flight after 
reactivating the pump, do the autoshutoff system wiring test and 
applicable corrective actions specified in paragraphs (f)(1) through 
(f)(10) of this AD.

Optional Installation

    (h) Accomplishing the installation of the power failed `ON' 
protection system (i.e., uncommanded pump ``ON'' protection system) 
for the center tank fuel boost pump in accordance with Boeing Alert 
Service Bulletin 737-28A1248, dated December 21, 2006; or Revision 
1, dated January 9, 2008; terminates the autoshutoff system wiring 
test required by paragraphs (f) and (g) of this AD.

Reporting

    (i) Submit a report of the findings (both positive and negative) 
of the actions required by paragraph (f) of this AD to Boeing via e-
mail at [email protected]; or via fax at (206) 766-5682; at the 
applicable time specified in paragraph (i)(1) or (i)(2) of this AD. 
The report must include: a description of the test failure; a 
description of the action taken to correct the failure; the total 
number of flight cycles/flight hours accumulated on the airplane at 
the time of inspection; and the date of accomplishment of Boeing 
Alert Service Bulletin 737-28A1206 and total number of flight hours/
flight cycles accumulated on the airplane on the date of 
accomplishment of that service bulletin. Under the provisions of the 
Paperwork Reduction Act (44 U.S.C. 3501 et seq. ), the Office of 
Management and Budget (OMB) has approved the information collection 
requirements contained in this AD and has assigned OMB Control 
Number 2120-0056.
    (1) If the test is done after the effective date of this AD: 
Submit the report within 10 days after accomplishing the test.
    (2) If the test was accomplished prior to the effective date of 
this AD: Submit the report within 10 days after the effective date 
of this AD.

Alternative Methods of Compliance (AMOCs)

    (j)(1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, ATTN: Samuel Spitzer, Aerospace Engineer, Propulsion Branch, 
ANM-140S, FAA, Seattle Aircraft Certification Office, 1601 Lind 
Avenue, SW., Renton, Washington 98057-3356; telephone (425) 917-
6510; 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.

Material Incorporated by Reference

    (k) You must use the documents specified in Table 1 of this AD, 
as applicable, to do the actions required by this AD, unless the AD 
specifies otherwise. If you accomplish the optional actions 
specified by this AD, you must use the documents specified in Table 
2 of this AD, as applicable, to do the optional actions specified by 
this AD, unless the AD specifies otherwise.

           Table 1--Documents Incorporated by Reference for the Required Actions Specified in This AD
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                                     Page title/
           Document                  description       Page number(s)   Revision level            Date
----------------------------------------------------------------------------------------------------------------
Task 28-22-00-720-805 of the    AMM Part II,          None shown.....  None noted*....  October 15, 2008.
 Boeing 737-600/700/800/900      Practices and
 Aircraft Maintenance Manual     Procedures Title
 (AMM), Document.                Page.
D633A101, Revision 37, dated    AMM Part II,          1..............  37.............  October 15, 2008.
 October 15, 2008.               Practices and
                                 Procedures
                                 Transmittal Letter.
                                AMM Part II,          1-3............  None noted*....  October 15, 2008.
                                 Practices and
                                 Procedures
                                 Effective Pages.
                                AMM Chapter 28, 28-   1-10...........  None noted*....  October 15, 2008.
                                 Effective Pages.
                                Task 28-22-00-702-    531-536........  None noted*....  February 15, 2008.
                                 805 of AMM Section
                                 28-22.
----------------------------------------------------------------------------------------------------------------
Chapter 28, Section 28-22, of   FIM Title Page......  None shown.....  None noted*....  October 15, 2008.
 the Boeing 737-600/700/800/
 900 Fault Isolation Manual
 (FIM), Document D633A103,
 Revision 37, dated October
 15, 2008.
                                FIM Transmittal       1..............  37.............  October 15, 2008.
                                 Letter.
                                FIM Effective Pages.  1-3............  None noted*....  October 15, 2008.
                                FIM Chapter 28        1-2............  None noted*....  October 15, 2008.
                                 Effective Pages.
                                FIM Section 28-22...  201-292........  None noted*....  February 15, 2008.
----------------------------------------------------------------------------------------------------------------
(*Only the Transmittal Letters for Boeing 737-600/700/800/900 AMM, Document D633A101, Revision 37; and Boeing
  737-600/700/800/900 FIM, Document D633A103, Revision 37; contain the revision level of these documents.)


           Table 2--Documents Incorporated by Reference for the Optional Actions Specified in This AD
----------------------------------------------------------------------------------------------------------------
                                     Page title/
           Document                  description       Page number(s)   Revision level            Date
----------------------------------------------------------------------------------------------------------------
Boeing Alert Service Bulletin   All.................  1-115..........  Original.......  December 21, 2006.
 737-28A1248, dated December
 21, 2006.
Boeing Alert Service Bulletin   All.................  1-119..........  1..............  January 9, 2008.
 737-28A1248, Revision 1,
 dated January 9, 2008.
Department of Transportation,   MMEL Title Page.....  None shown.....  52.............  April 29, 2008.
 Federal Aviation
 Administration Master Minimum
 Equipment List (MMEL) for
 Boeing 737 100/200/300/400/
 500/600/700/800/900, Revision
 52, dated April 29, 2008.

[[Page 8159]]

 
                                MMEL Contents.......  I..............  52.............  April 29, 2008.
                                MMEL Item 28-02,      28-2, 28-3.....  52.............  April 29, 2008.
                                 `Fuel Boost Pumps
                                 (Center Tank)'.
----------------------------------------------------------------------------------------------------------------

    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For Boeing service information identified in this AD, 
contact Boeing Commercial Airplanes, Attention: Data & Services 
Management, P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; 
telephone 206-544-5000, extension 1; fax 206-766-5680; e-mail 
[email protected]; Internet https://www.myboeingfleet.com. For 
the Federal Aviation Administration Master Minimum Equipment List 
for Boeing 737 100/200/300/400/500/600/700/800/900 specified in this 
AD, contact the FAA, Flight Standards Division, Seattle Aircraft 
Evaluation Group, 1601 Lind Avenue, SW., Renton, Washington 98057. 
For information on the availability of this material at the FAA, 
call 425-917-6600 or fax 425-917-6638.
    (3) You may review copies of the 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 or 425-227-1152.
    (4) You may also review copies of the service information 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/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on December 18, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
 [FR Doc. E9-3823 Filed 2-23-09; 8:45 am]
BILLING CODE 4910-13-P