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[Federal Register Volume 78, Number 146 (Tuesday, July 30, 2013)]
[Proposed Rules]
[Pages 45898-45901]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18237]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0618; Directorate Identifier 2007-NM-355-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 all The Boeing Company Model 777-200, -200LR, -300, and -300ER 
series airplanes. That supplemental notice of proposed rulemaking 
(SNPRM) proposed to require revising the maintenance program to 
incorporate a revision to the Airworthiness Limitations Section of the 
maintenance planning data (MPD) document. That SNPRM was prompted by 
reports of two in-service occurrences on Model 737-

[[Page 45899]]

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 
SNPRM by adding Model 777F series airplanes to the applicability. We 
are proposing this AD to detect and correct failure of the engine fuel 
suction feed 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 this action imposes an additional burden over that proposed in 
the previous SNPRM, we are reopening the comment period to allow the 
public the chance to comment on this proposed change.

DATES: We must receive comments on this supplemental NPRM by September 
13, 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: 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-2008-0618; 
Directorate Identifier 2007-NM-355-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 a supplemental NPRM (SNPRM) to amend 14 CFR part 39 to 
include an AD that would apply to all The Boeing Company Model 777-200, 
-200LR, -300, and -300ER series airplanes. The earlier SNPRM published 
in the Federal Register on March 7, 2013 (78 FR 14722). The earlier 
SNPRM proposed to require revising the maintenance program to 
incorporate a revision to the Airworthiness Limitations Section of the 
MPD document.

Actions Since Earlier SNPRM (78 FR 14722, March 7, 2013) Was Issued

    Since we issued the earlier SNPRM (78 FR 14722, March 7, 2013), we 
have determined that Model 777F series airplanes are also affected by 
the identified unsafe condition and must be included in the 
applicablity.

Comment

    We gave the public the opportunity to comment on the earlier SNPRM 
(78 FR 14722, March 7, 2013). The following presents the comment 
received on the earlier SNPRM and the FAA's response to that comment.

Request To Add Airplanes

    FedEx asked that Model 777F series airplanes be added to the 
applicability identified in paragraph (c) of the earlier SNPRM (78 FR 
14722, March 7, 2013), if the intent is to include all Model 777 series 
airplanes.
    We agree with the commenter to include all Model 777 series 
airplanes for the reason provided previously. We have changed paragraph 
(c) of this second SNPRM to add Model 777F series airplanes.

FAA's Determination

    We are proposing this second SNPRM 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. The change described above expands the scope of the 
earlier SNPRM (78 FR 14722, March 7, 2013). 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 second SNPRM.

Proposed Requirements of the Second SNPRM

    This second SNPRM revises the earlier SNPRM (78 FR 14722, March 7, 
2013), by proposing to add airplanes to the applicability.

Costs of Compliance

    We estimate that this proposed AD would affect 676 airplanes of 
U.S. registry. We estimate the following costs to comply with this 
proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
               Action                         Labor cost             Cost per product     Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Maintenance Program................  1 work-hour x $85 per hour   $85 per test..........  $57,460, per test.
Revision...........................   = $85.
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[[Page 45900]]

    We have received no definitive data that would enable us to provide 
a cost estimate for the on-condition actions or the optional 
terminating action 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 proposed 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-2008-0618; Directorate Identifier 
2007-NM-355-AD.

(a) Comments Due Date

    We must receive comments by September 13, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 777-200, -200LR, 
-300, -300ER, and 777F 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 failure of the engine fuel 
suction feed 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) Maintenance Program Revision

    Within 90 days after the effective date of this AD: Revise the 
maintenance program to incorporate the Airworthiness Limitation 
(AWL) identified in Appendix 1 of this AD. The initial compliance 
time for accomplishing AWL No. AWL-28-101, Engine Fuel Suction Feed 
Operational Test, is within 7,500 flight hours or 3 years after the 
effective date of this AD, whichever is first.

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

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

(i) Credit for Incorporating Previous Maintenance Program Revision

    This paragraph provides credit for the actions required by 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD using AWL No. 28-AWL-101, Engine Fuel 
Suction Feed Operational Test, of Section D.2., AWLS--Fuel Systems, 
of Section 9, Airworthiness Limitations (AWLs) and Certification 
Maintenance Requirements (CMRs), D622W001-9, Revision February 2012, 
of the Boeing 777 Maintenance Planning Data (MPD) Document, provided 
the revised ``interval'' specified in Appendix 1 of this AD is 
incorporated into the existing maintenance program within 90 days 
after the effective date of this AD.

(j) 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.

(k) 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.

Appendix 1

[[Page 45901]]

----------------------------------------------------------------------------------------------------------------
            AWL No.                     Task             Interval        Applicability          Description
----------------------------------------------------------------------------------------------------------------
28-AWL-101.....................  ALI                7,500 FH or 3      ALL                  Engine Fuel Suction
                                                     years, whichever                      Feed Operational Test
                                                     is first.
                                                                                            An Engine Fuel
                                                                                          Suction Feed
                                                                                          Operational Test must
                                                                                          be accomplished
                                                                                          successfully on each
                                                                                          engine individually.
                                                                                          This test is required
                                                                                          in order to protect
                                                                                          against engine
                                                                                          flameout during
                                                                                          suction feed
                                                                                          operations, and must
                                                                                          meet the following
                                                                                          requirements (refer to
                                                                                          Boeing AMM 28-22-00):
                                                                                            Fuel Tank Quantity
                                                                                          Limitations:
                                                                                            Engine No. 1
                                                                                             a. The Center Tank
                                                                                              Fuel Quantity must
                                                                                              not exceed 5,000
                                                                                              lbs (2,270 kg).
                                                                                             b. The Main Tank
                                                                                              No. 1 Fuel
                                                                                              Quantity must be
                                                                                              between 1,400 lbs--
                                                                                              1,600 lbs (600 kg--
                                                                                              800 kg).
                                                                                             Note: Excess fuel
                                                                                              can be transferred
                                                                                              to Main Tank No.
                                                                                              2.
                                                                                            Engine No. 2
                                                                                             a. The Center Tank
                                                                                              Fuel Quantity must
                                                                                              not exceed 5,000
                                                                                              lbs (2,270 kg).
                                                                                             b. The Main Tank
                                                                                              No. 2 Fuel
                                                                                              Quantity must be
                                                                                              between 1,400 lbs--
                                                                                              1,600 lbs (600 kg--
                                                                                              800 kg).
                                                                                           Note: Excess fuel can
                                                                                             be transferred to
                                                                                              Main Tank No. 1.
                                                                                            Test Procedural
                                                                                          Limitations:
                                                                                             1. The Fuel Cross-
                                                                                              Feed Valve must be
                                                                                              CLOSED.
                                                                                             2. The APU Selector
                                                                                              Switch must be
                                                                                              OFF.
                                                                                             3. Idle Engine Warm-
                                                                                              up time of minimum
                                                                                              two minutes with
                                                                                              Boost Pump ON.
                                                                                             4. Idle Engine
                                                                                              Suction Feed
                                                                                              (Boost Pump OFF)
                                                                                              operation for a
                                                                                              minimum of five
                                                                                              minutes.
                                                                                           Note: APU may be used
                                                                                            to start the engines
                                                                                             provided the Fuel
                                                                                             Tank Quantity and
                                                                                              Test Procedural
                                                                                            Limitations are met.
                                                                                             The test is
                                                                                              considered a
                                                                                              success if engine
                                                                                              operation is
                                                                                              maintained during
                                                                                              the five-minute
                                                                                              period and engine
                                                                                              parameters (N1,
                                                                                              N2, and Fuel Flow)
                                                                                              do not decay
                                                                                              relative to those
                                                                                              observed with
                                                                                              Boost Pump ON.
                                                                                             A suction feed
                                                                                              system that fails
                                                                                              the operational
                                                                                              test must be
                                                                                              repaired or
                                                                                              maintained, and
                                                                                              successfully pass
                                                                                              the Engine Suction
                                                                                              Feed Operational
                                                                                              Test prior to
                                                                                              further flight.
----------------------------------------------------------------------------------------------------------------

    Issued in Renton, Washington, on July 23, 2013.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-18237 Filed 7-29-13; 8:45 am]
BILLING CODE 4910-13-P
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