[Federal Register Volume 78, Number 166 (Tuesday, August 27, 2013)]
[Rules and Regulations]
[Pages 52836-52838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20718]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0615; Directorate Identifier 2007-NM-352-AD; 
Amendment 39-17529; AD 2013-15-13]
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 all The 
Boeing Company Model 757 airplanes. This AD was prompted by 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 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 dual 
engine flameout, inability to restart the engines, and consequent 
forced landing of the airplane.

DATES: This AD is effective October 1, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of October 1, 
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, Seattle Aircraft Certification Office, 
FAA, 1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: 425-
917-6438; fax: 425-917-6590; email: [email protected].

SUPPLEMENTARY INFORMATION: 

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. The SNPRM published in the 
Federal Register on October 30, 2012 (77 FR 65642). We preceded the 
SNPRM with a notice of proposed rulemaking (NPRM) that published in the 
Federal Register on June 6, 2008 (73 FR 32256). The NPRM proposed to 
require repetitive operational tests of the engine fuel suction feed of 
the fuel system, and other related testing if necessary, according to a 
method approved by the FAA. The SNPRM proposed to require repetitive 
operational tests of the engine fuel suction feed of the fuel system, 
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 SNPRM (77 
FR 65642, October 30, 2012) and the FAA's response to each comment.

Support for the SNPRM (77 FR 65642, October 30, 2012)

    One commenter, Mara Essick, submitted support for the actions 
specified in the SNPRM (77 FR 65642, October 30, 2012).

[[Page 52837]]

Request To Provide Credit for Actions Done Before Service Bulletin 
Issued

    American Airlines (AA) asked that we give credit for operators that 
accomplished the specified actions before issuance of Boeing Alert 
Service Bulletin 757-28A0131, dated May 4, 2012. AA stated that it 
accomplished the operational tests proposed in the original NPRM (73 FR 
32256, June 6, 2008) in 2008, using the Boeing task cards or airplane 
maintenance manual (AMM). AA added that it continues to do the 
repetitive operational tests at intervals not to exceed 7,500 flight 
hours.
    We do not agree with the commenter's request. Although we normally 
support granting credit for accomplishing actions prior to the 
effective date of the AD, the credit is generally given using a 
previous issue of the required service bulletin, not for an AMM or task 
cards. Under the provisions of paragraph (h) of this final rule, 
however, we may consider individual requests for credit for 
accomplishing actions prior to the effective date of the AD if data are 
submitted to substantiate that it provides an acceptable level of 
safety. We have made no change to 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 
this AD as proposed.

Costs of Compliance

    We estimate that this AD affects 673 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.....................  Up to 6 work hours x     Up to $2,040, per test.  Up to $343,230, per
                                        $85 per hour = $510                               test
                                        per engine, per test.
----------------------------------------------------------------------------------------------------------------

    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):

2013-15-13 The Boeing Company: Amendment 39-17529; Docket No. FAA-
2008-0615; Directorate Identifier 2007-NM-352-AD.

(a) Effective Date

    This AD is effective October 1, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 757-200, -200PF, 
-200CB, and -300 series airplanes, certificated in any category.

(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 dual 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 7,500 flight hours or 36 months after the effective date 
of this AD, whichever occurs first: 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 757-28A0131, dated May 
4, 2012. Do all applicable corrective actions before further flight. 
Repeat the operational test thereafter at intervals not to exceed 
7,500 flight hours or 36 months, whichever occurs first. Thereafter, 
except as provided in paragraph

[[Page 52838]]

(h) of this AD, no alternative procedures or repeat 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 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, Seattle Aircraft 
Certification Office, FAA, 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 as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Service Bulletin 757-28A0131, dated May 4, 
2012.
    (ii) Reserved.
    (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, on July 21, 2013.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-20718 Filed 8-26-13; 8:45 am]
BILLING CODE 4910-13-P