This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

72791 

Vol. 78, No. 233 

Wednesday, December 4, 2013 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–1069; Directorate 

Identifier 2012–NM–044–AD; Amendment 

39–17692; AD 2013–24–15] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are superseding 

Airworthiness Directive (AD) 2007–11– 

08 for all The Boeing Company Model 

727 airplanes. AD 2007–11–08 required 

repetitive inspections of the in-tank fuel 

boost pump wiring, installation of 

sleeving over the in-tank fuel boost 

pump wires, repetitive inspections of a 

certain electrical wire, sleeve, and 

conduit, and applicable investigative 

and corrective actions; and repetitive 

engine fuel suction feed operational 

tests. This new AD also requires 

replacement of the wire bundles for the 

wing and center fuel boost pumps, 

installation of convoluted liners, and 

related investigative and corrective 

actions if necessary. This new AD also 

requires replacement of the fuel 

quantity indicating system (FQIS) wires, 

a low-frequency eddy current inspection 

for cracking, and repair if necessary. 

This new AD also requires revising the 

maintenance program to incorporate 

changes to the airworthiness limitations 

section. This AD was prompted by a 

report of damage found to the sleeve, 

jacket, and insulation on an electrical 

wire during a repetitive inspection. We 

are issuing this AD to prevent chafing of 

the fuel boost pump electrical wiring 

and leakage of fuel into the conduit, and 

to prevent electrical arcing between the 

wiring and the surrounding conduit, 

which could result in arc-through of the 

conduit, and consequent fire or 

explosion of the fuel tank. 

DATES: This AD is effective January 8, 

2014. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of January 8, 2014. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain other publications listed in 

this AD as of June 6, 2007 (72 FR 28594, 

May 22, 2007). 

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 

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: 

Rebel Nichols, Aerospace Engineer, 

Propulsion Branch, ANM–140S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue SW., Renton, WA 

98057–3356; phone: 425–917–6509; fax: 

425–917–6590; email: rebel.nichols@

faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a supplemental notice of 

proposed rulemaking (SNPRM) to 

amend 14 CFR Part 39 to supersede AD 

2007–11–08, Amendment 39–15065 (72 

FR 28594, May 22, 2007). AD 2007–11– 

08 applied to the specified products. 

The SNPRM published in the Federal 

Register on August 13, 2013 (78 FR 

49217). We preceded the SNPRM with 

a notice of proposed rulemaking 

(NPRM) that published in the Federal 

Register on October 11, 2012 (77 FR 

61731). The NPRM (77 FR 61731, 

October 11, 2012) proposed to continue 

to require repetitive inspections of the 

in-tank fuel boost pump wiring, 

installation of sleeving over the in-tank 

fuel boost pump wires, repetitive 

inspections of a certain electrical wire, 

sleeve, and conduit, and applicable 

investigative and corrective actions; and 

repetitive engine fuel suction feed 

operational tests. The NPRM also 

proposed to require replacement of the 

wire bundles for the wing and center 

fuel boost pumps, installation of 

convoluted liners, and related 

investigative and corrective actions if 

necessary. The NPRM also proposed to 

require replacement of the FQIS wires; 

a low-frequency eddy current inspection 

for cracking; and repair if necessary. 

The NPRM also proposed to require 

revising the maintenance program to 

incorporate changes to the airworthiness 

limitations section. The SNPRM 

proposed to revise certain compliance 

times, specify a terminating action, and 

add a requirement to incorporate 

another change to the airworthiness 

limitations section. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

have considered the comment received. 

The Boeing Company stated that it 

supports the SNPRM (78 FR 49217, 

August 13, 2013). 

Conclusion 

We reviewed the relevant data, 

considered the comment received, and 

determined that air safety and the 

public interest require adopting this AD 

as proposed except for minor editorial 

changes. We have determined that these 

minor changes: 

• Are consistent with the intent that 

was proposed in the SNPRM (78 FR 

49217, August 13, 2013) for correcting 

the unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the SNPRM (78 FR 49217, 

August 13, 2013). 


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72792 Federal Register / Vol. 78, No. 233 / Wednesday, December 4, 2013 / Rules and Regulations 

Costs of Compliance 

We estimate that this AD affects 569 

airplanes of U.S. registry. We estimate 

the following costs to comply with this 

AD: 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per product Number of 

U.S. airplanes 

Cost on U.S. 

operators 

Inspection, test, and corrective actions [retained actions from AD 2007–11–08, 

Amendment 39–15065 (72 

FR 28594, May 22, 2007)].

10 work-hours × $85 per 

hour = $850.

$0 .......................... $850 ...................... 260 $221,000. 

Replacement (new action) ..... 185 work-hours × $85 per 

hour = $15,725.

$28,771 ................. $44,496 ................. 569 $25,318,224. 

Revise maintenance program 

(new action).

1 work-hour × $85 per hour 

= $85.

$0 .......................... $85 ........................ 569 $48,365. 

Concurrent FQIS wire replacement (new action).Up to 248 work-hours × $85 

per hour = $21,080.

Up to $34,865 ....... Up to $55,945 ....... 569 Up to $31,832,705. 

Concurrent low frequency 

eddy current (LFEC) inspection (new action).

2 work-hours × $85 per hour 

= $170.

$0 .......................... $170 ...................... 569 $96,730. 

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 have determined that 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 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by 

removing Airworthiness Directive (AD) 

2007–11–08, Amendment 39–15065 (72 

FR 28594, May 22, 2007), and adding 

the following new AD: 

2013–24–15 The Boeing Company: 

Amendment 39–17692; Docket No. 

FAA–2012–1069; Directorate Identifier 

2012–NM–044–AD. 

(a) Effective Date 

This AD is effective January 8, 2014. 

(b) Affected ADs 

This AD supersedes AD 2007–11–08, 

Amendment 39–15065 (72 FR 28594, May 22, 

2007). 

(c) Applicability 

(1) This AD applies to all The Boeing 

Company Model 727, 727C, 727–100, 727– 

100C, 727–200, and 727–200F series 

airplanes, certificated in any category. 

(2) This AD requires revisions to certain 

operator maintenance documents to include 

new actions (e.g., inspections) and/or Critical 

Design Configuration Control Limitations 

(CDCCLs). Compliance with these actions 

and/or CDCCLs is required by 14 CFR 

91.403(c). For airplanes that have been 

previously modified, altered, or repaired in 

the areas addressed by this AD, the operator 

may not be able to accomplish the actions 

described in the revisions. In this situation, 

to comply with 14 CFR 91.403(c), the 

operator must request approval for an 

alternative method of compliance according 

to paragraph (p) of this AD. The request 

should include a description of changes to 

the required actions that will ensure the 

continued operational safety of the airplane. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 28, Fuel. 

(e) Unsafe Condition 

This AD was prompted by a report of 

damage found to the sleeve, jacket, and 

insulation on an electrical wire during a 

repetitive inspection. We are issuing this AD 

to prevent chafing of the fuel boost pump 

electrical wiring and leakage of fuel into the 

conduit, and to prevent electrical arcing 

between the wiring and the surrounding 

conduit, which could result in arc-through of 

the conduit, and consequent fire or explosion 

of the fuel tank. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 


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Federal Register / Vol. 78, No. 233 / Wednesday, December 4, 2013 / Rules and Regulations 72793 

(g) Retained Compliance Times 

This paragraph restates the requirements of 

paragraphs (f), (g), and (h) of AD 2007–11– 

08, Amendment 39–15065 (72 FR 28594, May 

22, 2007). 

(1) For airplanes with 50,000 or more total 

flight hours as of June 28, 1999 (the effective 

date of AD 99–12–52, Amendment 39–11199 

(64 FR 33394, June 23, 1999)): Within 20 

days after June 28, 1999, accomplish the 

requirements of paragraph (h) of this AD. 

(2) For airplanes with less than 50,000 total 

flight hours, but more than 30,000 total flight 

hours, as of June 28, 1999 (the effective date 

of AD 99–12–52, Amendment 39–11199 (64 

FR 33394, June 23, 1999)): Within 30 days 

after June 28, 1999, accomplish the 

requirements of paragraph (h) of this AD. 

(3) For airplanes with 30,000 total flight 

hours or less as of June 28, 1999 (the effective 

date of AD 99–12–52, Amendment 39–11199 

(64 FR 33394, June 23, 1999)): Within 90 

days after June 28, 1999, accomplish the 

requirements of paragraph (h) of this AD. 

(h) Retained Detailed Inspection, Corrective 

Action, and Installation 

This paragraph restates the requirements of 

paragraph (i) of AD 2007–11–08, Amendment 

39–15065 (72 FR 28594, May 22, 2007). 

(1) Perform a detailed inspection of the intank fuel boost pump wire bundles, and 

applicable corrective actions; and, except as 

provided by paragraph (i) of this AD, install 

sleeving over the wire bundles; in accordance 

with Boeing Alert Service Bulletin 727– 

28A0126, dated May 24, 1999; Boeing 

Service Bulletin 727–28A0126, Revision 1, 

dated May 18, 2000; or Boeing Alert Service 

Bulletin 727–28A0132, dated February 22, 

2007. 

(2) For the purposes of this AD, a detailed 

inspection is: An intensive examination of a 

specific item, installation, or assembly to 

detect damage, failure, or irregularity. 

Available lighting is normally supplemented 

with a direct source of good lighting at an 

intensity deemed appropriate. Inspection 

aids such as mirror, magnifying lenses, etc., 

may be necessary. Surface cleaning and 

elaborate procedures may be required. 

(i) Retained Installation: Possible Deferral 

This paragraph restates the optional 

actions of paragraph (j) of AD 2007–11–08, 

Amendment 39–15065 (72 FR 28594, May 22, 

2007). Installation of sleeving over the wire 

bundles, as required by paragraph (h) of this 

AD, may be deferred if, within 18 months or 

6,000 flight hours, whichever occurs first, 

after accomplishment of the inspection and 

applicable corrective actions required by 

paragraph (h) of this AD, the following 

actions are accomplished: Perform a detailed 

inspection of the in-tank fuel boost pump 

wire bundles, and applicable corrective 

actions; and install sleeving over the wire 

bundles; in accordance with Boeing Alert 

Service Bulletin 727–28A0126, dated May 

24, 1999; Boeing Service Bulletin 727– 

28A0126, Revision 1, dated May 18, 2000; or 

Boeing Alert Service Bulletin 727–28A0132, 

dated February 22, 2007. 

(j) Retained Repetitive Inspections and 

Corrective Actions 

This paragraph restates the requirements of 

paragraph (k) of AD 2007–11–08, 

Amendment 39–15065 (72 FR 28594, May 22, 

2007). Repeat the detailed inspection and 

applicable corrective actions required by 

paragraphs (h) and (i) of this AD, as 

applicable, at intervals not to exceed 30,000 

flight hours, until the initial inspection, 

applicable corrective actions, and engine fuel 

suction feed operational test required by 

paragraph (k) of this AD have been done. 

(k) Retained Inspection, Test, and Related 

Investigative and Corrective Actions 

This paragraph restates the requirements of 

paragraph (l) of AD 2007–11–08, Amendment 

39–15065 (72 FR 28594, May 22, 2007). For 

all airplanes: Within 120 days after June 6, 

2007 (the effective date of AD 2007–11–08), 

or 5,000 flight hours after the last inspection 

or corrective action done before June 6, 2007, 

as required by paragraph (h), (i), or (j), as 

applicable, of this AD, whichever occurs 

later, do a detailed inspection for damage of 

the sleeve and electrical wire of the fuel 

boost pump, and do an engine fuel suction 

feed operational test; and, before further 

flight, do related investigative and corrective 

actions, as applicable; by doing all applicable 

actions in and in accordance with the 

Accomplishment Instructions of Boeing Alert 

Service Bulletin 727–28A0132, dated 

February 22, 2007. Repeat the detailed 

inspection and engine fuel suction feed 

operational test thereafter at intervals not to 

exceed 15,000 flight cycles. Accomplishment 

of the initial inspection, applicable corrective 

actions, and engine fuel suction feed 

operational test of this paragraph terminates 

the requirements of paragraphs (h), (i), and (j) 

of this AD. 

(l) New Installation 

Within 60 months after the effective date 

of this AD: Install new shielded wire bundles 

in convoluted liners in the wing and center 

fuel tank conduits and do all applicable 

related investigative and corrective actions, 

in accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

727–28A0133, dated October 5, 2011. Related 

investigative and corrective actions must be 

done before further flight. Doing the actions 

specified in paragraphs (l) and (m) of this AD 

terminates the requirements of paragraphs 

(g), (h), (i), (j), and (k) of this AD. 

(m) New Concurrent Requirement 

Before or concurrently with accomplishing 

the requirements of paragraph (l) of this AD, 

replace the fuel quantity indicating system 

(FQIS) wire bundles and do a low frequency 

eddy current inspection for cracking, in 

accordance with the Accomplishment 

Instructions of Boeing Service Bulletin 727– 

28–0131, dated August 18, 2010. If any 

cracking is found during the inspection, 

before further flight, repair using a method 

approved in accordance with the procedures 

specified in paragraph (p) of this AD. 

(n) New Maintenance Program Revision 

(1) Within 60 days after the effective date 

of this AD: Revise the maintenance program 

to incorporate Airworthiness Limitation 

Instruction (ALI) Task 28–AWL–18, ‘‘Fuel 

Quantity Indicating System (FQIS)—OutTank Wiring Lightning Shield to Ground 

Termination’’; and CDCCL Task 28–AWL–19, 

‘‘Fuel Quantity Indicating System (FQIS)— 

Out-Tank Wiring Lightning Shield to Ground 

Termination,’’ of Section D., ‘‘Airworthiness 

Limitations—Fuel Systems,’’ of Boeing 727– 

100/200 Airworthiness Limitations (AWLs), 

D6–8766–AWL, Revision August 2010. The 

initial compliance time for the inspections is 

within 120 months after accomplishing the 

actions required by paragraph (m) of this AD. 

(2) Within 60 days after the effective date 

of this AD: Revise the maintenance program 

to incorporate Airworthiness Limitation 

Instruction (ALI) Task 28–AWL–20, ‘‘Fuel 

Boost Pump Wires in Conduit Installation— 

In Fuel Tank’’; and CDCCL Task 28–AWL– 

21, ‘‘Fuel Boost Pump Wires in Conduit 

Installation—In Fuel Tank,’’ of Section D., 

‘‘Airworthiness Limitations—Fuel Systems,’’ 

of Boeing 727–100/200 Airworthiness 

Limitations (AWLs), D6–8766–AWL, 

Revision August 2010. The initial 

compliance time for the inspections is within 

72 months after accomplishing the actions 

required by paragraph (l) of this AD. 

(o) No Alternative Actions, Intervals, and/or 

CDCCLs 

After accomplishing the revisions required 

by paragraphs (n)(1) and (n)(2) of this AD, no 

alternative actions (e.g., inspections), 

intervals, and/or CDCCLs may be used unless 

the actions, intervals, and/or CDCCLs are 

approved as an alternative method of 

compliance (AMOC) in accordance with the 

procedures specified in paragraph (p) of this 

AD. 

(p) 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 (q) of this AD. Information may be 

emailed to: 9-ANM-Seattle-ACO-AMOCRequests@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. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD if it is approved by the 

Boeing Commercial Airplanes Organization 

Designation Authorization (ODA) that has 

been authorized by the Manager, Seattle 

ACO, to make those findings. For a repair 

method to be approved, the repair must meet 

the certification basis of the airplane, and the 

approval must specifically refer to this AD. 

(4) AMOCs approved previously for AD 

2007–11–08, Amendment 39–15065 (72 FR 

28594, May 22, 2007), are approved as 

AMOCs for the corresponding provisions of 

this AD. 


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72794 Federal Register / Vol. 78, No. 233 / Wednesday, December 4, 2013 / Rules and Regulations 

(q) Related Information 

For more information about this AD, 

contact Rebel Nichols, Aerospace Engineer, 

Propulsion Branch, ANM–140S, FAA, Seattle 

Aircraft Certification Office, 1601 Lind 

Avenue SW., Renton, WA 98057–3356; 

phone: 425–917–6509; fax: 425–917–6590; 

email: rebel.nichols@faa.gov. 

(r) 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. 

(3) The following service information was 

approved for IBR on January 8, 2014. 

(i) Boeing Alert Service Bulletin 727– 

28A0133, dated October 5, 2011. 

(ii) Boeing Service Bulletin 727–28–0131, 

dated August 18, 2010. 

(iii) Boeing 727–100/200 Airworthiness 

Limitations (AWLs), D6–8766–AWL, 

Revision August 2010: 

(A) Airworthiness Limitation Instruction 

(ALI) Task 28–AWL–18, ‘‘Fuel Quantity 

Indicating System (FQIS)—Out-Tank Wiring 

Lightning Shield to Ground Termination,’’ of 

Section D., ‘‘Airworthiness Limitations—Fuel 

Systems.’’ 

(B) Critical Design Configuration Control 

Limitations (CDCCL) Task 28–AWL–19, 

‘‘Fuel Quantity Indicating System (FQIS)— 

Out-Tank Wiring Lightning Shield to Ground 

Termination,’’ of Section D., ‘‘Airworthiness 

Limitations—Fuel Systems.’’ 

(C) ALI Task 28–AWL–20, ‘‘Fuel Boost 

Pump Wires in Conduit Installation—In Fuel 

Tank,’’ of Section D., ‘‘Airworthiness 

Limitations—Fuel Systems.’’ 

(D) CDCCL Task 28–AWL–21, ‘‘Fuel Boost 

Pump Wires in Conduit Installation—In Fuel 

Tank,’’ of Section D., ‘‘Airworthiness 

Limitations—Fuel Systems.’’ 

(4) The following service information was 

approved for IBR on June 6, 2007 (72 FR 

28594, May 22, 2007). 

(i) Boeing Alert Service Bulletin 727– 

28A0126, dated May 24, 1999. 

(ii) Boeing Alert Service Bulletin 727– 

28A0132, dated February 22, 2007. 

(iii) Boeing Service Bulletin 727–28A0126, 

Revision 1, dated May 18, 2000. 

(5) 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. 

(6) You may view this service information 

at 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. 

(7) 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/ibrlocations.html. 

Issued in Renton, Washington, on 

November 15, 2013. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–28994 Filed 12–3–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Parts 2, 157, and 380 

[Docket Nos. RM12–11–000 and RM12–11– 

001; Order No. 790] 

Revisions to Auxiliary Installations, 

Replacement Facilities, and Siting and 

Maintenance Regulations 

AGENCY: Federal Energy Regulatory 

Commission, DOE. 

ACTION: Final rule. 

SUMMARY: The Federal Energy 

Regulatory Commission (Commission) is 

issuing this Final Rule to amend its 

regulations to clarify that auxiliary 

installations added to existing or 

proposed interstate transmission 

facilities under the Commission’s 

regulations must be located within the 

authorized right-of-way or facility site 

for the existing or proposed facilities 

and use only the same temporary work 

space that was or will be used to 

construct the existing or proposed 

facilities; and to codify the common 

industry practice of notifying 

landowners prior to coming onto their 

property to install auxiliary or 

replacement facilities, certain 

replacements, or conduct maintenance 

activities. 

DATES: This rule is effective February 3, 

2014. 

FOR FURTHER INFORMATION CONTACT: 

Gordon Wagner, Office of the General 

Counsel, Federal Energy Regulatory 

Commission, 888 First Street NE., 

Washington, DC 20426 (202) 502– 

8947, gordon.wagner@ferc.gov. 

Katherine Liberty, Office of the General 

Counsel, Federal Energy Regulatory 

Commission, 888 First Street NE., 

Washington, DC 20426 (202) 502– 

6491, katherine.liberty@ferc.gov. 

Douglas Sipe, Office of Energy Projects, 

Federal Energy Regulatory 

Commission, 888 First Street NE., 

Washington, DC 20426 (202) 502– 

8837, douglas.sipe@ferc.gov. 

Howard Wheeler, Office of Energy 

Projects, Federal Energy Regulatory 

Commission, 888 First Street NE., 

Washington, DC 20426 (202) 502– 

8688, howard.wheeler@ferc.gov. 

SUPPLEMENTARY INFORMATION: 

145 FERC ¶ 61,154 

United States of America 

Federal Energy Regulatory Commission 

Revisions to Auxiliary Installations, 

Replacement Facilities, and Siting and 

Maintenance Regulations 

Docket Nos. RM12–11–000; RM12–11– 

001 

Order No. 790 

Final Rule 

TABLE OF CONTENTS

Paragraph Nos. 

I. Background ................................................................................................................................................................................. 2 

A. Request for Clarification of Section 2.55(a) of the Commission’s Regulations ................................................................ 8 

B. Notice of Proposed Rulemaking (NOPR) .......................................................................................................................... 9 

II. Discussion ................................................................................................................................................................................. 12 

A. Section 2.55(a) Auxiliary Facilities ..................................................................................................................................... 12 

1. Commission Jurisdiction ............................................................................................................................................. 13 

2. Section 2.55 Siting and Construction Limitations ....................................................................................................... 17 

3. Environmental Issues .................................................................................................................................................. 40 

4. Compliance with Executive Orders ............................................................................................................................. 43 

5. Section 2.55 Authorization and Part 157, Subpart F, Blanket Authorization ............................................................. 45 

6. ‘‘Grandfathering’’ Existing Section 2.55(a) Installations ............................................................................................. 49 

7. Burden of Section 2.55’s Right-of-Way Requirement ................................................................................................. 51 

B. Landowner Notification ...................................................................................................................................................... 54 

1. Jurisdictional Basis and Need for Landowner Notification ......................................................................................... 58 


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