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[Federal Register Volume 78, Number 249 (Friday, December 27, 2013)]
[Rules and Regulations]
[Pages 78701-78703]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29670]

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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; 
Amendment 39-17701; AD 2013-25-05]
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 737-300, -400, and -500 series airplanes. This 
AD was prompted by fuel system reviews conducted by the manufacturer. 
This AD requires, 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 AD also requires revising the maintenance 
program to incorporate certain airworthiness limitations. 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.

DATES: This AD is effective January 31, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of January 31, 
2014.

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 view this 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 AD, the regulatory evaluation, 
any comments received, and other information. The address for the 
Docket Office (phone: 800-647-5527) is Docket 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: 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: 
georgios.roussos@faa.gov.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
The NPRM published in the Federal Register on May 16, 2013 (78 FR 
28764). The NPRM proposed to 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. The NPRM also 
proposed to require revising the maintenance program to incorporate 
certain airworthiness limitations.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
(78 FR 28764, May 16, 2013) and the FAA's response to each comment.

Support for the NPRM

    Boeing concurred with the content of the proposed rule.

Request To Include Certain Instructions and Delete Certain Step

    All Nippon Airways (ANA) requested that we include instructions for 
the removal and installation of certain relay sockets, and for removal 
of paint on the mounting panel under Step 5 of Figure 5 of Boeing Alert 
Service Bulletin 737-28A1212, Revision 2, dated October 18, 2012. ANA 
stated that without removal of the paint on the mounting panel, the 
required bonding resistance measurements cannot be obtained. In 
addition, ANA requested that we delete step 6 of Figure 5 of Boeing 
Alert Service Bulletin 737-28A1212, Revision 2, dated October 18, 2012, 
which describes removal of paint around the relay cutout. ANA stated 
that paint removal around the relay cutout is not needed since the 
relay sockets are mounted to the cutout area of the panel and the 
relays are a spacer-mounted type.
    We disagree with providing additional instructions that would 
expand the scope of this final rule, requiring additional notice and 
comment. We find that delaying this action would be inappropriate in 
light of the urgency of the identified unsafe condition. Operators 
should note that a general AMOC, which was requested by Boeing on 
behalf of all operators, has been issued for AD 2011-12-09, Amendment 
39-16716 (76 FR 33988, June 10, 2011). The AMOC provides essentially 
the same relief as that requested by the commenter. Once this final 
rule is effective, we may issue a similar AMOC. Any person may request 
approval of an alternative method of compliance (AMOC) under the 
provisions of paragraph (l) of this AD for procedures that help them 
meet the bonding resistance requirements. We have not changed this 
final rule 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

[[Page 78702]]

as proposed except for minor editorial changes. We have determined that 
these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (78 FR 28764, May 16, 2013) for correcting the unsafe condition; 
and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (78 FR 28764, May 16, 2013).

Costs of Compliance

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

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                Cost on U.S.
            Action                Labor cost         Parts cost         Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Replace fuel pump power        Up to 31 work-   Up to $21,338.......  Up to $23,973.......  Up to $335,622.
 control relays, install        hours x $85
 ground studs and a bonding     per hour =
 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    $0..................  $85.................  $1,190.
                                $85 per hour =
                                $85.
----------------------------------------------------------------------------------------------------------------

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):

2013-25-05 The Boeing Company: Amendment 39-17701; Docket No. FAA-
2013-0421; Directorate Identifier 2013-NM-003-AD.

(a) Effective Date

    This AD is effective January 31, 2014.

(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 airplanes in 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,

[[Page 78703]]

June 10, 2011), for airplanes in 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 737-28A1212, 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 paragraph (m) 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.

(m) Related Information

    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: 
georgios.roussos@faa.gov.

(n) 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 737-28A1212, Revision 2, dated 
October 18, 2012.
    (ii) 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. Page 1.0-33, 
where Airworthiness Limitation 28-AWL-22 is listed, is dated May 
2009.
    (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 view this 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.
    (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 December 4, 2013.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-29670 Filed 12-26-13; 8:45 am]
BILLING CODE 4910-13-P
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