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[Federal Register Volume 77, Number 131 (Monday, July 9, 2012)]
[Proposed Rules]
[Pages 40307-40310]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16668]

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 77, No. 131 / Monday, July 9, 2012 / Proposed 
Rules

[[Page 40307]]

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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]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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SUMMARY: We are revising an earlier proposed airworthiness directive 
(AD) for certain The Boeing Company Model 747-400, -400D, and -400F 
series airplanes. That NPRM proposed to require repetitive operational 
tests of the engine fuel suction feed of the fuel system, and other 
related testing if necessary. That NPRM 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 action revises that NPRM by proposing to require 
repetitive operational tests and corrective actions if necessary. We 
are proposing this supplemental NPRM 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. Since these actions impose an additional 
burden over that proposed in the previous NPRM, we are reopening the 
comment period to allow the public the chance to comment on these 
proposed changes.

DATES: We must receive comments on this supplemental NPRM by August 23, 
2012.

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: 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 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, 
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 proposed AD, the 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: Sue Lucier, Aerospace Engineer, 
Propulsion Branch, ANM-140S, 1601 Lind Avenue SW., Renton, Washington 
98057-3356; phone: 425-917-6438; fax: 425-917-6590; email: 
suzanne.lucier@faa.gov.

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-2008-0620; 
Directorate Identifier 2007-NM-357-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 issued an NPRM to amend 14 CFR part 39 to include an AD that 
would apply to certain The Boeing Company Model 747-400, -400D, and -
400F series airplanes. That NPRM published in the Federal Register on 
June 6, 2008 (73 FR 32248). That NPRM proposed to require performing 
repetitive operational tests of the engine fuel suction feed of the 
fuel system, and other related testing if necessary, according to a 
method approved the FAA.

Actions Since Previous NPRM (73 FR 32248, June 6, 2008) Was Issued

    Since we issued the previous NPRM (73 FR 32248, June 6, 2008), we 
have received comments from operators indicating a high level of 
difficulty performing the actions in the previous NPRM during 
maintenance operations.

Relevant Service Information

    We reviewed Boeing Alert Service Bulletin 747-28A2330, dated April 
2, 2012. This service information describes procedures for repetitive 
operational tests of the engine fuel suction feed of the fuel system, 
and corrective actions if necessary. The corrective actions include 
isolating the cause of any leakage and repairing the leak.

Comments

    We gave the public the opportunity to comment on the previous NPRM 
(73 FR 32248, June 6, 2008). The following presents the comments 
received on the previous NPRM and the FAA's response to each comment.

[[Page 40308]]

Requests To Issue Certification Maintenance Requirement (CMR) Task 
Instead of NPRM

    Japan Airlines (JAL) and Qantas Airways Ltd. (Qantas) requested 
that we withdraw the previous NPRM (73 FR 32248, June 6, 2008). JAL 
asked that instead of issuing an NPRM, we issue a CMR task. JAL stated 
that the requirements in the previous NPRM should not be addressed as 
an AD. JAL did not provide a reason for this request.
    We do not agree with the commenters' request. CMRs are developed by 
the Certification Maintenance Coordination Committee (CMCC) during the 
type certification process. The CMCC is made up of manufacturer 
representatives (typically maintenance, design, and safety engineering 
personnel); operator representatives designated by the Industry 
Steering Committee chairperson; Aircraft Certification Office 
specialists, and the Maintenance Review Board (MRB) chairperson. CMRs 
developed during this process become a part of the certification basis 
of the airplane upon issuance of the type certificate. We do not have a 
process for convening the CMCC outside of the type certification 
process; based on this, the CMR is not an option for replacing this AD. 
Regardless, the airworthiness limitations (ALI) were not in the 
maintenance program at the time the previous NPRM was issued; 
therefore, an AD is required to accomplish the ALI task.
    Qantas stated that maintenance review board report (MRBR) Task 28-
022-04 was added to the Model 747-400 MRBR in May 2006, and contains 
failure effect category (FEC) 8, meaning that it is a hidden safety 
derived task. Qantas added that this task has been adequately addressed 
in the MRBR and related maintenance planning document (MPD). Qantas 
stated that there are over 200 FEC 5 and 8 safety-related tasks in the 
Model 747-400 MRBR which could result in adverse safety outcomes if not 
addressed, and most of these tasks are not the subject of ADs. Qantas 
added that issuing the previous NPRM (73 FR 32248, June 6, 2008) will 
generate an added administrative burden on operators, with no benefit 
derived. Qantas concluded that the previous NPRM is not necessary, but 
added that if the ACO does not agree, consideration should be given to 
the CMR approach.
    We do not agree with the commenter's request. We have determined 
that the latent failure of the fuel system suction feed system 
identified in this AD is an unsafe condition that requires issuance of 
an AD. In reference to FEC 5 and 8 safety-related tasks in Section 5.4 
of FAA Advisory Circular 121-22B, ``Maintenance Review Board Report 
(MRBR) Maintenance Type Board, and OEM/TCH Inspection Program 
Procedures,'' dated October 29, 2010; FAA Advisory Circular 121-22B, 
Section 5.4, specifies ``Operators of the aircraft type should 
implement the Initial MRBR in accordance with established procedures. 
The MRBR requirements are not an operator maintenance program. After 
FAA approval, the requirements become a baseline or framework, around 
which each operator can develop its own individual aircraft maintenance 
program. The FAA recommends the operator's program incorporate MRBR 
revisions associated with type design changes * * *'' This task was not 
included in the initial MRBR for Model 747-400 airplanes as a safety-
related task; therefore, incorporating the FEC 8 task would be an 
option for operators, but not a requirement until the AD is published. 
We have made no change to the supplemental NPRM in this regard.

Requests To Revise Compliance Time

    Lufthansa Technik AG (Lufthansa) and KLM Royal Dutch Airlines (KLM) 
asked that we change the compliance time for the initial and repetitive 
operational test interval required by paragraph (f) of the previous 
NPRM (73 FR 32248, June 6, 2008). KLM asked that we change the 
compliance time of ``30,000 flight hours'' to ``45,000 flight hours or 
1 D.'' KLM stated that if an aircraft does not pass the operational 
test then a tank entry is required, which has an impact on the 
currently scheduled downtime requirements for the C-checks. Lufthansa 
asked that we change the compliance time to ``35,000 flight hours.'' 
Lufthansa stated that it is performing the operational test at a 1-D 
interval that corresponds to up to 33,000 flight hours.
    We do not agree with the requests that the compliance time be 
changed. In developing an appropriate compliance time for the actions 
specified in paragraph (f) of this supplemental NPRM, we considered the 
safety implications and normal maintenance schedules for the timely 
accomplishment of the specified actions. We have determined that the 
proposed compliance time will ensure an acceptable level of safety and 
allow the actions to be done during scheduled maintenance intervals for 
most affected operators. However, affected operators may request an 
alternative method of compliance (AMOC) to request an extension of the 
repetitive operational test interval under the provisions of paragraph 
(h) of this AD by submitting data substantiating that the change would 
provide an acceptable level of safety. We have made no change to the 
supplemental NPRM in this regard.

Request To Clarify the Reason for the Unsafe Condition

    Boeing and Northwest Airlines (NWA) asked that we clarify the 
reason for the unsafe condition identified in the previous NPRM (73 FR 
32248, June 6, 2008), by including all relevant information. Boeing 
stated that the description of a report of in-service occurrences of 
loss of fuel system suction feed capability results from reports of two 
in-service engine flameout events while operating on suction feed with 
undetected air leak failures on Model 737-400 airplanes. Boeing added 
that there are no known reports of any engine flameout related events 
in the Model 747 fleet. Boeing noted that undetected air leaks could 
exist and the subject maintenance procedure is a proactive measure to 
ensure engine flameout will not occur due to air leaks while on suction 
feed operation.
    NWA asked for an explanation of what caused the failure that 
resulted in issuance of the previous NPRM (73 FR 32248, June 6, 2008), 
and stated that failure analysis could indicate different action than 
the one proposed. NWA added that the events occurred on twin engine 
airplanes, and requested that we provide the basis for the conclusion 
that Model 747-400 airplanes have the same or greater risk for this 
unsafe condition to occur as twin engine airplanes.
    We agree that the reason for the unsafe condition should be 
clarified for the reasons provided. We have changed the language in the 
reason for the unsafe condition identified in the Summary section and 
paragraph (e) of this supplemental NPRM to specify that the previous 
NPRM (73 FR 32248, June 6, 2008) ``* * * 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.'' Also, we have determined that Model 747-400, -400D, and -
400F series airplanes are affected by the identified unsafe condition. 
The cause of the failure is identified in the failure analysis done by 
Boeing, and incorporates a four engine airplane in place of a twin 
engine airplane. We have made no change to the supplemental NPRM in 
this regard.

[[Page 40309]]

Request To Revise Costs of Compliance Section

    NWA stated that the cost estimate specified in the previous NPRM 
(73 FR 32248, June 6, 2008) is too low, and asked that it be changed. 
NWA stated that the cost of fuel is not included in the cost estimate 
and should be included due to the high cost of fuel.
    We acknowledge the commenter's request. Although fuel is used 
during the operational test, we have not received data on the amount of 
fuel used during the test. In addition, fuel costs vary among 
operators. Therefore, we do not have definitive data that would enable 
us to provide a cost estimate for the fuel costs. In any case, we have 
determined that direct and incidental costs are still outweighed by the 
safety benefits of the AD. We have made no change to the supplemental 
NPRM in this regard.

FAA's Determination

    We are proposing this supplemental NPRM 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. Certain changes described above expand the scope of the 
previous NPRM (73 FR 32248, June 6, 2008). As a result, we have 
determined that it is necessary to reopen the comment period to provide 
additional opportunity for the public to comment on this supplemental 
NPRM.

Proposed Requirements of the Supplemental NPRM

    This supplemental NPRM revises the previous NPRM (73 FR 32248, June 
6, 2008) by proposing repetitive operational tests of the engine fuel 
suction feed of the fuel system, and corrective actions if necessary.

Costs of Compliance

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

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

    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

    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 
airworthiness directive (AD):

The Boeing Company: Docket No. FAA-2008-0620; Directorate Identifier 
2007-NM-357-AD.

(a) Comments Due Date

    We must receive comments by August 23, 2012.

(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 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 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 all applicable corrective actions, in accordance 
with the Accomplishment Instructions of Boeing Alert

[[Page 40310]]

Service Bulletin 747-28A2330, dated April 2, 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 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: 9-ANM-Seattle-ACO-AMOC-Requests@faa.gov.
    (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

    (1) For more information about this AD, contact Sue Lucier, 
Aerospace Engineer, Propulsion Branch, ANM-140S, 1601 Lind Avenue 
SW., Renton, Washington 98057-3356; phone: 425-917-6438; fax: 425-
917-6590; email: suzanne.lucier@faa.gov.
    (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, Washington. For information on the 
availability of this material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on June 27, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-16668 Filed 7-6-12; 8:45 am]
BILLING CODE 4910-13-P
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