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[Federal Register Volume 79, Number 84 (Thursday, May 1, 2014)]
[Rules and Regulations]
[Pages 24546-24548]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-09239]

[[Page 24546]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0616; Directorate Identifier 2007-NM-353-AD; 
Amendment 39-17833; AD 2014-08-09]
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 767 airplanes. 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. This AD requires revising the maintenance 
program to incorporate a revision to the Airworthiness Limitations 
section of the maintenance planning data document. We are issuing this 
AD to detect and correct failure of the engine fuel suction feed 
capability of the fuel system, which could result in dual engine 
flameout, inability to restart the engines, and consequent forced 
landing of the airplane.

DATES: This AD is effective June 5, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of June 5, 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 206-766-5280; 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 by searching for and locating Docket No. FAA-2008-
0616; 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: Sue Lucier, Aerospace Engineer, 
Propulsion Branch, ANM-140S, Seattle Aircraft Certification Office, 
FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6438; 
fax: 425-917-6590; email: suzanne.lucier@faa.gov.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a supplemental notice of proposed rulemaking (SNPRM) to 
amend 14 CFR part 39 by adding an AD that would apply to certain The 
Boeing Company Model 767 airplanes. The SNPRM published in the Federal 
Register on August 1, 2013 (78 FR 46532). We preceded the SNPRM with a 
notice of proposed rulemaking (NPRM) that published in the Federal 
Register on June 6, 2008 (73 FR 32252). The NPRM proposed to require 
repetitive operational tests of the engine fuel suction feed of the 
fuel system, and other related testing if necessary. The 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. Although the fuel system on Model 
767 airplanes differs from the Model 737 with respect to the engine 
fuel feed system design, service data of transport category airplanes 
indicates that multi-engine flameouts have generally resulted from a 
common cause, such as fuel mismanagement, crew action that 
inadvertently shut off the fuel supply to the engines, exposure to 
common environmental conditions, or engine deterioration on all engines 
of the same type. Successful in-flight restart of the engines is 
dependent on adequate fuel being supplied to the engines, solely 
through engine fuel suction feed. Deterioration of the fuel plumbing 
system can lead to line (vacuum) losses, reducing the engine fuel 
suction feed capability; therefore, directed maintenance is necessary 
to ensure this system is functioning correctly in order to maintain 
continued safe flight of the airplane. The SNPRM proposed to revise the 
maintenance program to incorporate a revision to the Airworthiness 
Limitations section of the maintenance planning data (MPD) document, 
and to remove airplanes from the applicability. We are issuing this AD 
to detect and correct failure of the engine fuel suction feed 
capability of the fuel system, which could result in dual engine 
flameout, inability to restart the engines, and consequent forced 
landing of the airplane.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the SNPRM (78 
FR 46532, August 1, 2013) and the FAA's response to each comment.

Concurrence With the SNPRM (78 FR 46532, August 1, 2013)

    Boeing stated that it concurs with the content of the SNPRM (78 FR 
46532, August 1, 2013).

Request To Include Compliance Time for Initial Operational Test

    United Airlines (UAL) and UPS asked that we specify the compliance 
time for the initial operational test identified in the maintenance 
program. UAL and UPS presumed that the initial test is within 7,500 
flight hours or 3 years, whichever occurs first ``after the effective 
date of the AD.''
    We acknowledge the commenters' request. The compliance time for the 
initial operational test is based on the date the airworthiness 
limitation (AWL) is incorporated into the maintenance program. It would 
be conservative to use the effective date of this AD for accomplishing 
the initial test; however, this AD allows 90 days for the AWL to be 
incorporated. As specified in paragraph (g) of this AD, the initial 
test is to be done within 7,500 flight hours or 3 years, whichever 
occurs first after incorporation of the AWL into the maintenance 
program. We have not revised this final rule in this regard.

Request To Include Latest MPD Revision

    UAL asked that we include the latest revision of Section 9 of the 
Boeing 767 MPD in the SNPRM (78 FR 46532, August 1, 2013). UAL stated 
that the latest revision is April 2013.
    We agree that this AD should refer to the latest MPD revision. 
Boeing has issued Revisions April 2013, August 2013, September 2013, 
and November 2013 of Section 9, Airworthiness Limitations (AWLs) and 
Certification Maintenance Requirements (CMRs), D622T001-9, of the 
Boeing 767 MPD Document. We have added these revisions to paragraph (g) 
of this final rule as additional service information

[[Page 24547]]

that may be used to accomplish the required actions.

Request To Include Credit for Initial Test Using Existing Inspection 
Programs

    UPS asked that we give credit for previous accomplishment of the 
initial operational test. UPS stated that it has already incorporated 
the initial test as an existing scheduled maintenance task at its ``1C 
interval (24 months or 6,000 flight hours, whichever occurs first), in 
accordance with MSM SDN 28-22-00-5GT.'' UPS added that the interval to 
incorporate AWL No. 28-AWL-101 is 3 years or 7,500 flight hours, 
whichever occurs first. UPS noted that the SNPRM (78 FR 46532, August 
1, 2013) fails to provide an option to take credit for the last 
accomplishment of the test.
    We do not agree with the commenter's request to give credit for 
previous accomplishment of testing of the suction feed capability under 
the current maintenance program. The commenter did not provide 
sufficient information with their comment to allow us to determine that 
their previous tests had the same level of effectiveness as the AWL-
required test. In addition, the repetitive interval in the AWL is 3 
years or 7,500 flight hours, and the initial inspection is to be done 
no later than 3 years or 7,500 flight hours after the AWL is 
incorporated into the maintenance program. The commenter stated that it 
currently performs its scheduled maintenance task every 24 months or 
6,000 flight hours, whichever occurs first. If the commenter performs 
the next scheduled suction feed test using the procedures required by 
the AWL, without changing their currently planned time for the next 
inspection, it would be in compliance with the new AWL and credit for a 
previous test would not be necessary. Under the provisions of paragraph 
(i) of this AD, we may consider requests for approval of an alternative 
method of compliance (AMOC) if sufficient data are submitted to 
substantiate that the current test method can be used in place of the 
test method required by the AWL, and provides an acceptable level of 
safety. We have made no change to this final rule in this regard.

Request To Change Applicability Language

    UPS asked that we change the applicability language specified in 
paragraph (c) of the SNPRM (78 FR 46532, August 1, 2013), which 
specifies the affected models have received a certificate of 
airworthiness or foreign export certificate of airworthiness before 
November 2, 2012. UPS recommended that the language be changed to 
capture any Model 767 airplanes subject to the requirements of Section 
9, Airworthiness Limitations (AWLs) and Certification Maintenance 
Requirements (CMRs), D622T001-9, including AWL No. 28-AWL-101, Engine 
Fuel Suction Feed Operational Test, of Section D., Airworthiness 
Limitations--Systems, as of November 2, 2012 (the original publication 
date) of the Boeing 767 MPD Document. UPS stated that the applicability 
range specified in paragraph (c) of the SNPRM does not include eight 
additional Model 767-300F airplanes currently operated by UPS that were 
delivered after November 2, 2012.
    We do not agree to change the applicability language to capture 
Model 767 airplanes per the commenter's request. The intent of the 
cutoff date of November 2, 2012, as specified in the applicability of 
this AD, is to require a common operational test to apply to both the 
in-production and previously delivered airplanes. Production airplanes 
delivered after November 2, 2012, already receive a maintenance program 
that includes this operational test. Operators are required to comply 
with the AWLs in the documents provided with a new airplane. This AD 
would capture airplanes outside that group. However, we have included a 
clarification in paragraph (c) of this final rule to specify that the 
AD applies to airplanes with an original airworthiness certificate or 
original export certificate of airworthiness issued before November 2, 
2012.

Clarification of Paragraph (h) of This AD

    We have revised paragraph (h) of this AD by removing the reference 
to the critical design configuration control limitations (CDCCLs). AWL 
No. 28-AWL-101 is not a CDCCL.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this AD with the changes described previously. We also determined that 
these changes will not increase the economic burden on any operator or 
increase the scope of this AD.

Costs of Compliance

    We estimate that this AD affects 406 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Revise airworthiness limitations....  1 work-hour x $85 per                $0              $85          $34,510
                                       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

[[Page 24548]]

    (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):

2014-08-09 The Boeing Company: Amendment 39-17833; Docket No. FAA-
2008-0616; Directorate Identifier 2007-NM-353-AD.

(a) Effective Date

    This AD is effective June 5, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 767-200, -300, -
300F, and -400ER series airplanes, certificated in any category, 
that have received an original airworthiness certificate or original 
export certificate of airworthiness issued before November 2, 2012.

    Note 1 to paragraph (c) of this AD:  November 2, 2012, is the 
original publication date of Revision October 2012 of Section 9, 
Airworthiness Limitations (AWLs) and Certification Maintenance 
Requirements (CMRs), D622T001-9, including AWL No. 28-AWL-101, 
Engine Fuel Suction Feed Operational Test, of the Boeing 767 
Maintenance Planning Data (MPD) Document.

(d) Subject

    Joint Aircraft System Component (JASC) Code 2800, Aircraft Fuel 
System.

(e) Unsafe Condition

    This AD results from 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 capability of the fuel system, which 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 AWL No. 28-AWL-101, Engine Fuel 
Suction Feed Operational Test, of Section D., Airworthiness 
Limitations--Systems, of Section 9, Airworthiness Limitations (AWLs) 
and Certification Maintenance Requirements (CMRs), D622T001-9, 
Revision October 2012, January 2013, April 2013, August 2013, 
September 2013, or November 2013 of the Boeing 767 MPD Document. The 
initial compliance time for the test is within 7,500 flight hours or 
3 years, whichever occurs first after incorporation of the AWL into 
the maintenance program.

(h) No Alternative Actions or Intervals

    After accomplishing the revision required by paragraph (g) of 
this AD, no alternative actions (e.g., tests) 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 (i) of this AD.

(i) 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 (j) 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.

(j) Related Information

    For more information about this AD, contact Sue Lucier, 
Aerospace Engineer, Propulsion Branch, ANM-140S, 1601 Lind Avenue 
SW., Renton, WA 98057-3352; phone: 425-917-6438; fax: 425-917-6590; 
email: suzanne.lucier@faa.gov.

(k) 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) Section 9, Airworthiness Limitations (AWLs) and 
Certification Maintenance Requirements (CMRs), D622T001-9, Revision 
October 2012, of the Boeing 767 Maintenance Planning Data (MPD) 
Document.
    (ii) Section 9, Airworthiness Limitations (AWLs) and 
Certification Maintenance Requirements (CMRs), D622T001-9, Revision 
January 2013, of the Boeing 767 MPD Document.
    (iii) Section 9, Airworthiness Limitations (AWLs) and 
Certification Maintenance Requirements (CMRs), D622T001-9, Revision 
April 2013, of the Boeing 767 MPD Document.
    (iv) Section 9, Airworthiness Limitations (AWLs) and 
Certification Maintenance Requirements (CMRs), D622T001-9, Revision 
August 2013, of the Boeing 767 MPD Document.
    (v) Section 9, Airworthiness Limitations (AWLs) and 
Certification Maintenance Requirements (CMRs), D622T001-9, Revision 
September 2013, of the Boeing 767 MPD Document.
    (vi) Section 9, Airworthiness Limitations (AWLs) and 
Certification Maintenance Requirements (CMRs), D622T001-9, Revision 
November 2013, of the Boeing 767 MPD Document.
    (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 206-766-5280; Internet https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on April 14, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-09239 Filed 4-30-14; 8:45 am]
BILLING CODE 4910-13-P
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