[Federal Register Volume 78, Number 95 (Thursday, May 16, 2013)]
[Proposed Rules]
[Pages 28764-28767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11694]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0421; Directorate Identifier 2013-NM-003-AD]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company

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 
certain The Boeing Company Model 737-300, -400, and -500 series 
airplanes. This proposed AD was prompted by fuel system reviews 
conducted by the manufacturer. This proposed AD would require, 
depending on airplane configuration, replacing fuel pump power control 
relays with new relays having a ground fault interrupter (GFI) feature, 
installing ground studs and a bonding jumper, doing certain bonding 
resistance measurements, and changing the GFI relay position. This 
proposed AD would also require revising the maintenance program to 
incorporate certain airworthiness limitations. We are proposing this AD 
to prevent damage to the fuel pumps caused by electrical arcing that 
could introduce an ignition source in the fuel tank, which, in 
combination with flammable fuel vapors, could result in a fuel tank 
explosion and consequent loss of the airplane.

DATES: We must receive comments on this proposed AD by July 1, 2013.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed 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 review copies of the 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; 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

[[Page 28765]]

regulatory evaluation, any comments received, and other information. 
The street address for the Docket Office (phone: 800-647-5527) is in 
the ADDRESSES section. Comments will be available in the AD docket 
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Georgios Roussos, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-3356; 
phone: 425-917-6482; fax: 425-917-6590; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2013-0421; 
Directorate Identifier 2013-NM-003-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

    The FAA has examined the underlying safety issues involved in fuel 
tank explosions on several large transport airplanes, including the 
adequacy of existing regulations, the service history of airplanes 
subject to those regulations, and existing maintenance practices for 
fuel tank systems. As a result of those findings, we issued a 
regulation titled ``Transport Airplane Fuel Tank System Design Review, 
Flammability Reduction and Maintenance and Inspection Requirements'' 
(66 FR 23086, May 7, 2001). In addition to new airworthiness standards 
for transport airplanes and new maintenance requirements, this rule 
included Special Federal Aviation Regulation No. 88 (``SFAR 88,'' 
Amendment 21-78, and subsequent Amendments 21-82 and 21-83).
    Among other actions, SFAR 88 requires certain type design (i.e., 
type certificate (TC) and supplemental type certificate (STC)) holders 
to substantiate that their fuel tank systems can prevent ignition 
sources in the fuel tanks. This requirement applies to type design 
holders for large turbine-powered transport airplanes and for 
subsequent modifications to those airplanes. It requires them to 
perform design reviews and to develop design changes and maintenance 
procedures if their designs do not meet the new fuel tank safety 
standards. As explained in the preamble to the rule, we intended to 
adopt airworthiness directives to mandate any changes found necessary 
to address unsafe conditions identified as a result of these reviews.
    In evaluating these design reviews, we have established four 
criteria intended to define the unsafe conditions associated with fuel 
tank systems that require corrective actions. The percentage of 
operating time during which fuel tanks are exposed to flammable 
conditions is one of these criteria. The other three criteria address 
the failure types under evaluation: single failures, combination of 
failures, and unacceptable (failure) experience. For all three failure 
criteria, the evaluations included consideration of previous actions 
taken that may mitigate the need for further action.
    We have determined that the actions identified in this proposed AD 
are necessary to reduce the potential of ignition sources inside fuel 
tanks, which, in combination with flammable fuel vapors, could result 
in a fuel tank explosion and consequent loss of the airplane.
    We received a report of incorrect operation of a new GFI relay 
having part number (P/N) 9524G-10674 after AD 2011-12-09, Amendment 39-
16716 (76 FR 33988, June 10, 2011), was incorporated. Subsequent 
investigation found that electromagnetic interference (EMI) between the 
new P/N 9524G-10674 relays and adjacent P/N KCG-X4L-001 relays could 
cause problems with the function of the new relays and the operation of 
the GFI system. The GFI system might not function correctly after 
installation on certain airplanes.

Related Rulemaking

    The requirements of AD 2011-12-09, Amendment 39-16716 (76 FR 33988, 
June 10, 2011), affect all airplanes of this proposed AD. This proposed 
AD provides terminating actions for those airplanes.

Relevant Service Information

    We reviewed Boeing Alert Service Bulletin 737-28A1212, Revision 2, 
dated October 18, 2012. For information on the procedures and 
compliance times, see this service information at http://www.regulations.gov by searching for Docket No. FAA-2013-0421.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in the service information described previously.
    The phrase ``related investigative actions'' might be used in this 
proposed AD. ``Related investigative actions'' are follow-on actions 
that: (1) are related to the primary actions, and (2) are actions that 
further investigate the nature of any condition found. Related 
investigative actions in an AD could include, for example, inspections.
    In addition, the phrase ``corrective actions'' might be used in 
this proposed AD. ``Corrective actions'' are actions that correct or 
address any condition found. Corrective actions in an AD could include, 
for example, repairs.
    This proposed AD requires revisions to certain operator maintenance 
documents to include new inspections. Compliance with these inspections 
is required by 14 CFR 91.403(c). For airplanes that have been 
previously modified, altered, or repaired in the areas addressed by 
these inspections, the operator may not be able to accomplish the 
inspections described in the revisions. In this situation, to comply 
with 14 CFR 91.403(c), the operator must request approval for an 
alternative method of compliance according to paragraph (l) of this 
proposed AD. The request should include a description of changes to the 
required inspections that will ensure the continued operational safety 
of the airplane.

Costs of Compliance

    We estimate that this proposed AD affects 14 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

[[Page 28766]]



                                                                     Estimated Costs
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              Action                    Labor cost                  Parts cost                   Cost per product             Cost on U.S.  operators
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Replace fuel pump power control    Up to 31 work-hours   Up to $21,338..................  Up to $23,973.................  Up to $335,622.
 relays, install ground studs and   x $85 per hour =
 a bonding jumper, and do certain   $2,635.
 bonding resistance measurements,
 and change the GFI relay
 position, depending on airplane
 configuration.
Maintenance program revision.....  1 work-hour x $85     $0.............................  $85...........................  $1,190.
                                    per hour = $85.
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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 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),
    (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.

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

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):

    The Boeing Company: Docket No. FAA-2013-0421; Directorate 
Identifier 2013-NM-003-AD.

(a) Comments Due Date

    We must receive comments by July 1, 2013.

(b) Affected ADs

    Certain requirements of this AD terminate certain requirements 
of AD 2011-12-09, Amendment 39-16716 (76 FR 33988, June 10, 2011).

(c) Applicability

    This AD applies to The Boeing Company Model 737-300, -400, and -
500 series airplanes; certificated in any category; identified as 
Groups 5, 6, 7, and 9 in Boeing Alert Service Bulletin 737-28A1212, 
Revision 2, dated October 18, 2012.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 2822, Fuel boost pump.

(e) Unsafe Condition

    This AD was prompted by fuel system reviews conducted by the 
manufacturer. We are issuing this AD to prevent damage to the fuel 
pumps caused by electrical arcing that could introduce an ignition 
source in the fuel tank, which, in combination with flammable fuel 
vapors, could result in a fuel tank explosion and consequent loss of 
the airplane.

(f) Compliance

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

(g) Installation of Ground Studs and Bonding Jumper and Fuel Boost Pump 
Relays Replacement

    For airplanes in Groups 5, 6, 7, and 9, Configuration 1, as 
identified in Boeing Alert Service Bulletin 737-28A1212, Revision 2, 
dated October 18, 2012 (airplanes on which Boeing Alert Service 
Bulletin 737-28A1212 was not done): Within 60 months after the 
effective date of this AD, install ground studs and a bonding 
jumper, replace fuel boost pump relays, and do certain bonding 
resistance measurements, in accordance with Part 1 of the 
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
28A1212, Revision 2, dated October 18, 2012. Doing the actions 
required by this paragraph terminates the requirements of paragraph 
(g) of AD 2011-12-09, Amendment 39-16716 (76 FR 33988, June 10, 
2011), for Groups 5, 6, 7, and 9, Configuration 1 only, provided 
that the requirements of paragraph (g) of this AD are done at the 
time given in AD 2011-12-09.

(h) Ground Studs and Bonding Jumper Installation and GFI Relay Position 
Change

    For airplanes in Groups 5, 6, 7, and 9, Configuration 2, as 
identified in Boeing Alert Service Bulletin 737-28A1212, Revision 2, 
dated October 18, 2012 (airplanes on which Boeing Alert Service 
Bulletin 737-28A1212, dated July 23, 2009 was done): Within 60 
months after the effective date of this AD, install ground studs and 
a bonding jumper, change the GFI relay position, and do certain 
bonding resistance measurements, in accordance with Part 2 of the 
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
28A1212, Revision 2, dated October 18, 2012. Doing the actions 
required by this paragraph terminates the requirements of paragraph 
(h) of AD 2011-12-09, Amendment 39-16716 (76 FR 33988, June 10, 
2011), for airplanes identified as Groups 5, 6, 7, and 9, 
Configuration 2 only, provided that the requirements of paragraph 
(h) of this AD are done at the time given in AD 2011-12-09.

(i) Ground Fault Interrupt (GFI) Relay Position Change

    For airplanes in Groups 5, 6, 7, and 9, Configuration 3, as 
identified in Boeing Alert Service Bulletin 737-28A1212, Revision 2, 
dated October 18, 2012 (certain airplanes on which Boeing Alert 
Service Bulletin 737-

[[Page 28767]]

28A1212, Revision 1, dated August 27, 2010 was done): Within 60 
months after the effective date of this AD, change the GFI relay 
position and do certain bonding resistance measurements, in 
accordance with Part 4 of the Accomplishment Instructions of Boeing 
Alert Service Bulletin 737-28A1212, Revision 2, dated October 18, 
2012.

(j) Maintenance Program Revision

    Concurrently with accomplishing the actions required by 
paragraph (g), (h), or (i) of this AD, or within 30 days after the 
effective date of this AD, whichever occurs later: Revise the 
maintenance program by incorporating Airworthiness Limitation 28-
AWL-22 of Boeing 737-100/200/200C/300/400/500 AWL and Certification 
Maintenance Requirements (CMRs), Document D6-38278-CMR, Revision 
August 2012. The initial compliance time for the actions specified 
in AWL 28-AWL-22 of Boeing 737-100/200/200C/300/400/500 AWL and 
Certification Maintenance Requirements (CMRs), Document D6-38278-
CMR, Revision August 2012, is within 1 year after accomplishing the 
installation required by paragraph (g), (h), or (i) of this AD, or 
within 1 year after the effective date of this AD, whichever occurs 
later.

(k) No Alternative Actions, Intervals, and/or Critical Design 
Configuration Control Limitations (CDCCLs)

    After accomplishing the revision required by paragraph (j) of 
this AD, no alternative actions (e.g., inspections) or intervals may 
be used unless the actions or intervals are approved as an 
alternative method of compliance (AMOC) in accordance with the 
procedures specified in paragraph (l) of this AD.

(l) 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 the Related Information 
section of this AD. Information may be emailed to: [email protected].
    (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.

(m) Related Information

    (1) For more information about this AD, contact Georgios 
Roussos, Aerospace Engineer, Systems and Equipment Branch, ANM-130S, 
FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue SW., 
Renton, WA 98057-3356; phone: 425-917-6482; fax: 425-917-6590; 
email: [email protected].
    (2) 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 review copies of the 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.

    Issued in Renton, Washington, on May 8, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-11694 Filed 5-15-13; 8:45 am]
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