[Federal Register Volume 78, Number 127 (Tuesday, July 2, 2013)]
[Rules and Regulations]
[Pages 39571-39574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-15692]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0620; Directorate Identifier 2007-NM-357-AD; 
Amendment 39-17499; AD 2013-13-11]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
The Boeing Company Model 747-400, -400D, and -400F series airplanes. 
This AD was prompted by reports of two in-service occurrences on Model 
737-400 airplanes of total loss of boost pump pressure of the fuel feed 
system, followed by loss of fuel system suction feed capability on one 
engine, and in-flight shutdown of the engine. This AD requires 
repetitive operational tests of the engine fuel suction feed of the 
fuel system, and other related testing and corrective actions if 
necessary. We are issuing this AD to detect and correct loss of the 
engine fuel suction feed capability of the fuel system, which, in the 
event of total loss of the fuel boost pumps, could result in multi-
engine flameout, inability to restart the engines, and consequent 
forced landing of the airplane.

DATES: This AD is effective August 6, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of August 6, 
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 review copies of the referenced 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.

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 address for the 
Docket Office (phone: 800-647-5527) is Document 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: Sue Lucier, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: 
425-917-6438; fax: 425-917-6590; email: [email protected].

SUPPLEMENTARY INFORMATION:

[[Page 39572]]

Discussion

    We issued a supplemental notice of proposed rulemaking (SNPRM) to 
amend 14 CFR part 39 to include an airworthiness directive (AD) that 
would apply to the specified products. That SNPRM published in the 
Federal Register on July 9, 2012 (77 FR 40307). The original NPRM (73 
FR 32248, June 6, 2008) proposed to require repetitive operational 
tests of the engine fuel suction feed of the fuel system, and other 
related testing if necessary. The SNPRM proposed to require repetitive 
operational tests and corrective actions if necessary.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
(77 FR 40307, July 9, 2012) and the FAA's response to each comment. 
Boeing reviewed the SNPRM and concurs with the content.

Request To Change the Compliance Time for the Operational Tests

    United Airlines (UAL) asked that we change the compliance times for 
the operational test in the SNPRM (77 FR 40307, July 9, 2012) from 
30,000 flight hours after the effective date of the AD to ``within 
30,000 flight hours or 72 months after the effective date of the 
proposed AD, whichever is later.'' UAL also asked that the repetitive 
interval be changed to ``intervals not to exceed 30,000 flight hours or 
72 months.'' UAL stated that, `` . . . Boeing 747-400 MRB No. 28-022-04 
requires the initial and repeat operational tests be performed at 1D 
[maintenance] interval.'' UAL added that the suggested change would 
provide an acceptable level of safety and provide operators some degree 
of flexibility in scheduling the required task.
    We do not agree with the request to change the compliance time 
proposed in the SNPRM (77 FR 40307, July 9, 2012). Boeing Alert Service 
Bulletin 747-28A2330, dated April 2, 2012, has been revised to change 
the compliance time and clarify certain procedures in the Work 
Instructions. We reviewed Boeing Service Bulletin 747-28A2330, Revision 
1, dated November 30, 2012, and we are not mandating the newly 
recommended compliance time in this AD; however, we are including 
Boeing Service Bulletin 747-28A2330, Revision 1, dated November 30, 
2012, in paragraph (g) of this AD as an option to using the original 
issue of this service information for procedures to accomplish the 
required actions.
    We partially agree with including a compliance time for low-
utilization airplanes; however, adding a calendar time of 72 months 
would constitute a more restrictive compliance time and would 
necessitate issuing another supplemental NPRM, which would delay 
issuance of this final rule. We determined that the compliance time of 
``within 30,000 flight hours or 6 years, whichever is first,'' as 
stated in Boeing Service Bulletin 747-28A2330, Revision 1, dated 
November 30, 2012, was changed to address low-utilization airplanes and 
will adequately address the unsafe condition identified. Therefore, we 
have not changed the AD in this regard.

Request To Correct Errors in Service Information

    UAL asked that a service bulletin information notice (IN) be issued 
to address two errors in Boeing Alert Service Bulletin 747-28A2330, 
dated April 2, 2012. UAL noted that the first error is the reserve tank 
identifications, and the second error is an airplane maintenance manual 
(AMM) procedure referred to in the Work Instructions that is not 
identified in UAL's AMM. UAL stated that issuing an IN would prevent 
alternative method of compliance (AMOC) requests from operators.
    We acknowledge and agree with the commenter's concern. As noted 
previously, we reviewed Boeing Service Bulletin 747-28A2330, Revision 
1, dated November 30, 2012, which clarifies the reserve tank 
identifications. We have added this service information as an option 
for accomplishing the actions required by paragraph (g) of this AD. 
However, the second error identified by UAL involves the instructions 
in operator-customized maintenance manuals published by Boeing. 
Therefore, UAL should contact Boeing for resolution of the missing 
procedure in its AMM. Operators need not request AMOC approvals to use 
Boeing Alert Service Bulletin 747-28A2330, dated April 2, 2012, with 
regard to these errors since compliance is not affected.

Request to Allow Alternative Procedures for Performing Operational Test

    UAL asked that paragraph (g) of the SNPRM (77 FR 40307, July 9, 
2012) be changed to allow alternative procedures for performing the 
operational test instead of using the procedures provided in Boeing 
Alert Service Bulletin 747-28A2330, dated April 2, 2012. UAL stated 
that an alternative test is specified in the Boeing Model 747-400 AMM 
28-22-00, Task 28-22-00-710-801, titled ``Engine Fuel Suction Feed--
Operational Test.'' UAL also asked that the procedure specified in AMM 
Task 28-22-07-706-200, titled ``Engine Fuel Feed Manifold Air Pressure 
Leak Check,'' be included as an alternative procedure.
    We do not agree with the commenter's request, but provide the 
following clarification. The manifold leak test is not equivalent to 
the operational test for the purposes of this AD action. The positive 
internal fuel line pressure applied during the manifold test does not 
simulate the same conditions encountered during fuel suction feed 
(i.e., vacuum), and might mask a failure. The action mandated by this 
AD is necessary in order to screen for system deterioration under 
suction feed conditions. Based on current requirements, a fuel suction 
feed test is required after reconnecting the fuel line to the manifold 
to verify final system integrity. Therefore, we have not changed the AD 
in this regard.

Request for Additional Step in Operational Test

    UPS asked that we add a tolerance to the operational test for Steps 
10.a and 10.c for the N1, N2, and ``Fuel Flow Decrease Monitoring.'' 
(UPS stated that this follows the procedures in the referenced service 
information.) UPS is concerned that the engine parameters monitored 
using Step 10 might have slight (normal) fluctuations due to external 
effects, such as wind gusts, which could lead to a false test failure.
    We do not agree with the commenter's request. These defined 
criteria were taken directly from approved AMMs that describe similar 
testing. These criteria have been used for a very long time with no 
negative feedback or requests for a similar (wider) tolerance band. In 
light of these facts, we have made no change to the AD in this regard.

Request to Provide Credit for Previously Accomplished Operational Tests

    UAL asked that the SNPRM (77 FR 40307, July 9, 2012) be changed to 
provide credit for operational tests of the engine fuel suction system 
previously accomplished as specified in MRB Task 28-022-04, titled 
``Operational Check of the Engine Fuel Suction Feed System.'' UAL 
stated that it has incorporated this MRB task into its maintenance 
program at the MRB recommended level. UAL inferred that other operators 
of Model 747-400 airplanes have done the same.
    We agree that credit might be appropriate for operator equivalent 
procedures; however, we do not agree with defining this credit within 
the AD.

[[Page 39573]]

Affected operators may request approval of an AMOC under the provisions 
of paragraph (h) of this AD by submitting data substantiating that the 
equivalent procedures would provide an acceptable level of safety. We 
have not changed the AD in this regard.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
the 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 
SNPRM (77 FR 40307, July 9, 2012) for correcting the unsafe condition; 
and
     Do not add any additional burden upon the public than was 
already proposed in the SNPRM (77 FR 40307, July 9, 2012).
    We also determined that this change will not increase the economic 
burden on any operator or increase the scope of the AD.

Costs of Compliance

    We estimate that this AD affects 79 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                Action                        Labor cost           Cost per  product     Cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
Operational Test.....................  3 work-hours x $85 per   $1,020, per test.......  $80,580, per test.
                                        hour = $255 per
                                        engine, per test.
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    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

    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

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):

2013-13-11 The Boeing Company: Amendment 39-17499; Docket No. FAA-
2008-0620; Directorate Identifier 2007-NM-357-AD.

(a) Effective Date

    This AD is effective August 6, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 747-400, -400D, and 
-400F series airplanes, certificated in any category, as identified 
in Boeing Alert Service Bulletin 747-28A2330, dated April 2, 2012.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 2800, Aircraft Fuel System.

(e) Unsafe Condition

    This AD was prompted by reports of two in-service occurrences on 
Model 737-400 airplanes of total loss of boost pump pressure of the 
fuel feed system, followed by loss of fuel system suction feed 
capability on one engine, and in-flight shutdown of the engine. We 
are issuing this AD to detect and correct loss of the engine fuel 
suction feed capability of the fuel system, which, in the event of 
total loss of the fuel boost pumps, could result in multi-engine 
flameout, inability to restart the engines, and consequent forced 
landing of the airplane.

(f) Compliance

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

(g) Operational Test and Corrective Actions

    Within 30,000 flight hours after the effective date of this AD: 
Perform an operational test of the engine fuel suction feed of the 
fuel system, and do all applicable corrective actions, in accordance 
with the Accomplishment Instructions of Boeing Alert Service 
Bulletin 747-28A2330, dated April 2, 2012; or Boeing Service 
Bulletin 747-28A2330, Revision 1, dated November 30, 2012. Do all 
applicable corrective actions before further flight. Repeat the 
operational test thereafter at intervals not to exceed 30,000 flight 
hours. Thereafter, except as provided in paragraph (h) of this AD, 
no alternative procedures or repetitive test intervals will be 
allowed.

(h) 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

[[Page 39574]]

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.

(i) Related Information

    For more information about this AD, contact Sue Lucier, 
Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle 
Aircraft Certification Office, 1601 Lind Avenue SW., Renton, 
Washington 98057-3356; phone: 425-917-6438; fax: 425-917-6590; 
email: [email protected].

(j) 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 to do the actions 
required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Service Bulletin 747-28A2330, dated April 2, 
2012.
    (ii) Boeing Service Bulletin 747-28A2330, Revision 1, dated 
November 30, 2012.
    (3) 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.
    (4) You may review copies of the referenced 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.
    (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/ibr-locations.html.

    Issued in Renton, Washington, June 13, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-15692 Filed 7-1-13; 8:45 am]
BILLING CODE 4910-13-P