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[Federal Register Volume 78, Number 166 (Tuesday, August 27, 2013)]
[Rules and Regulations]
[Pages 52838-52841]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-20730]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0617; Directorate Identifier 2007-NM-354-AD; 
Amendment 39-17533; AD 2013-15-17]
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 737-600, -700, -700C, -800, -900, and -900ER 
series airplanes. This AD was prompted by a report of an in-service 
occurrence 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 
repetitive operational tests of the engine fuel suction feed of the 
fuel system, and other related testing and corrective action if 
necessary. We are issuing this AD to detect and correct loss of the 
engine fuel suction feed capability of the fuel system, which in the 
event of total loss of the fuel boost pumps could result in dual engine 
flameout, inability to restart the engines, and consequent forced 
landing of the airplane.

DATES: This AD is effective October 1, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of October 1, 
2013.

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 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 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: Sue Lucier, Aerospace Engineer, 
Propulsion Branch, ANM-140S, Seattle Aircraft Certification Office, 
FAA, 1601 Lind Avenue SW., Renton, Washington 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 to include an airworthiness directive (AD) that 
would apply to the specified products. The SNPRM published in the 
Federal Register on June 25, 2012 (77 FR 37831). We preceded the SNPRM 
with a notice of proposed rulemaking (NPRM), which published in the 
Federal Register on June 6, 2008 (73 FR 32255). 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 SNPRM 
proposed to require repetitive operational tests of the engine fuel 
suction feed of the fuel system, and other related testing and 
corrective action if necessary.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
(77 FR 37831, June 25, 2012) and the FAA's response to each comment.

Requests To Change Certain Methods of Compliance

    Boeing asked that we change the next to last sentence in paragraph 
(g) of the SNPRM (77 FR 37831, June 25, 2012), which specifies ``. . . 
using a method approved in accordance with the procedures specified in 
paragraph (h) of this AD'' to read ``If the test is not considered 
successful, as specified in AWL No. 28-AWL-101, before further flight, 
perform all related testing and corrective actions, and repeat the 
operational test specified in AWL No. 28-AWL-101.'' Boeing noted that 
paragraph (h) of the SNPRM (paragraph (i) of this final rule) does not 
provide testing and corrective actions for a failed test, and FAA 
approval of action taken

[[Page 52839]]

to address a failed test could result in an excessive burden to 
operators and could cause unnecessary grounding of airplanes while 
coordinating planned actions with the FAA.
    Delta Airlines (DAL) requested that we include an existing fault 
isolation manual (FIM) procedure as an approved method for resolving 
unsuccessful testing.
    American Airlines (AAL) stated that paragraph (g) of the SNPRM (77 
FR 37831, June 25, 2012) specifies that the corrective action for 
findings from the operational test is to perform all related testing 
and corrective actions in accordance with the procedures specified in 
paragraph (h) of the SNPRM (paragraph (i) of this final rule). AAL 
added that paragraph (h) of the SNPRM provides information on obtaining 
AMOCs, and asked for clarification on that approval.
    We agree to revise the requirements and methods of compliance 
specified in paragraph (g) of this AD. In paragraph (g)(1)(i) of this 
final rule, we have retained the requirement for performing all related 
testing and corrective actions using a method approved in accordance 
with the procedures specified in paragraph (i) of this AD. As requested 
by Boeing, we have added new paragraph (g)(1)(ii) to this final rule to 
perform all related testing and corrective actions, and to repeat the 
operational test specified in AWL No. 28-AWL-101. The actions specified 
in paragraph (g)(1)(ii) do not require submitting requests to the FAA 
for approval of a method of compliance. Therefore, including an 
existing FIM procedure in the AD as an approved method becomes 
unnecessary for resolving unsuccessful testing since operators may use 
any method of compliance to resolve unsuccessful testing, provided the 
operational test is repeated.
    In addition, we have reviewed Boeing 737-600/700/700C/800/900/900ER 
Maintenance Planning Data (MPD) Document, Section 9, Airworthiness 
Limitations (AWLs) and Certification Maintenance Requirements (CMRs), 
D626A001-CMR, Revision August 2012, which includes AWL No. 28-AWL-101. 
As an option for the repetitive operational tests (specified in 
paragraph (g)(1) of this AD), we have specified incorporating AWL No. 
28-AWL-101 into the maintenance program (paragraph (g)(2) of this AD). 
Compliance with these actions is required by section 91.403(c) of the 
Federal Aviation Regulations (14 CFR 91.403(c)). For airplanes that 
have been previously modified, altered, or repaired in the areas 
addressed by these inspections, the operator may not be able to 
accomplish the inspections described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must request 
approval for an AMOC according to the procedures specified in paragraph 
(i) 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.

Requests To Allow Task Card Instructions as an AMOC; Clarify Airplane 
Maintenance Manual (AMM) Task

    DAL suggested that the SNPRM (77 FR 37831, June 25, 2012) include 
compliance with the engine fuel suction feed test using Boeing 737-600/
700/800 Task Card 28-050-00-01 as an AMOC. DAL stated that this task 
card complies with the requirements of AWL No. 28-AWL-101, which is 
specified in paragraph (g) of the SNPRM. AAL asked for clarification 
that Boeing AMM Task 28-22-00-710-802, Engine Fuel Suction Feed--
Operational Test, can be used as an AMOC.
    Although we agree that the task card contains adequate instructions 
to perform the test, we do not agree with identifying the task card 
information within the instructions for the mandated action. For 
clarification, general maintenance instructions are identified within 
the AWL for guidance, which means that if the operator already has an 
accepted alternative procedure, that procedure may be used. The 
maintenance program with the task cards incorporated is an acceptable 
alternative procedure. We have made no change to the AD in this regard.

Request To Increase Repetitive Interval for Operational Tests

    AAL asked that we increase the repetitive operational test interval 
in the SNPRM (77 FR 37831, June 25, 2012) from 7,500 to 10,000 flight 
hours. AAL provided a risk-based assessment for extending the intervals 
based on its experience. AAL stated within its assessment that the loss 
of suction feed capability would remain remote with the extended 
testing interval.
    We do not agree with the request to increase the repetitive 
operational test interval. The service data of transport category 
airplanes indicates that multi-engine flameouts generally result from a 
common cause such as fuel mismanagement, crew action that inadvertently 
shuts off the fuel supply to the engines, exposure to common 
environmental conditions, or engine deterioration occurring on all 
engines of the same type--not solely the failure of multiple fuel boost 
pumps. This risk assessment is based on the results of maintenance 
findings of one operator's fleet, and does not support increasing the 
repetitive interval. The current interval is based on an overall fleet 
assessment by the original equipment manufacturer. However, affected 
operators may request approval of an AMOC for an increase of the 
repetitive operational test interval under the provisions of paragraph 
(i) of this AD by submitting data substantiating that the change would 
provide an acceptable level of safety. We have made no change to the AD 
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 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 1,080 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                 product        operators
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Operational Test/Revision.....................  1 work-hour x $85 per hour = $85             $85         $91,800
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    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.

[[Page 52840]]

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):

2013-15-17 The Boeing Company: Amendment 39-17533; Docket No. FAA-
2008-0617; Directorate Identifier 2007-NM-354-AD.

(a) Effective Date

    This AD is effective October 1, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 737-600, -700, -
700C, -800, -900, and -900ER series airplanes, certificated in any 
category, with a date of issuance of the original airworthiness 
certificate or the date of issuance of the original export 
certificate of airworthiness before March 22, 2011.

(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 a report of an in-service occurrence of 
total loss of boost pump pressure of the fuel feed system, followed 
by loss of fuel system suction feed capability on one engine, and 
in-flight shutdown of the engine. We are issuing this AD to detect 
and correct loss of the engine fuel suction feed capability of the 
fuel system, which in the event of total loss of the fuel boost 
pumps could result in dual engine flameout, inability to restart the 
engines, and consequent forced landing of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Repetitive Operational Tests or Maintenance Program Revision

    Do the requirements of paragraph (g)(1) or (g)(2) of this AD.
    (1) Within 7,500 flight hours or 36 months after the effective 
date of this AD, whichever occurs first: Do the initial operational 
test identified in Airworthiness Limitation (AWL) No. 28-AWL-101, 
Engine Fuel Suction Feed Operational Test, of Section E., AWL--Fuel 
Systems of Section 9, Airworthiness Limitations (AWLs) and 
Certification Maintenance Requirements (CMRs), D626A001-CMR, 
Revision August 2011 or August 2012, of the Boeing 737-600/700/700C/
800/900/900ER Maintenance Planning Data (MPD) Document. Repeat the 
test thereafter at intervals not to exceed 7,500 flight hours or 36 
months, whichever is earlier. Thereafter, except as provided in 
paragraph (i) of this AD, no alternative procedure or repetitive 
test intervals will be allowed. If any test is not considered 
successful, as specified in AWL No. 28-AWL-101, before further 
flight, do either paragraph (g)(1)(i) or (g)(1)(ii) of this AD.
    (i) Perform all related testing and corrective actions, using a 
method approved in accordance with the procedures specified in 
paragraph (i) of this AD.
    (ii) Perform all related testing and corrective actions; and 
repeat the operational test specified in paragraph (g)(1) of this 
AD.
    (2) Within 90 days after the effective date of this AD: Revise 
the maintenance program to incorporate the limitations specified in 
AWL No. 28-AWL-101, Engine Fuel Suction Feed Operational Test, of 
Section E., AWL--Fuel Systems of Section 9, Airworthiness 
Limitations (AWLs) and Certification Maintenance Requirements 
(CMRs), D626A001-CMR, Revision August 2012, of the Boeing 737-600/
700/700C/800/900/900ER MPD Document. The initial compliance time for 
the task is within 7,500 flight hours or 36 months after the 
effective date of this AD, whichever occurs first.

(h) No Alternative Actions or Intervals

    After accomplishing the revision provided by paragraph (g)(2) of 
this AD, no alternative actions or repetitive test 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 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.

(j) Related Information

    For more information about this AD, contact Sue Lucier, 
Aerospace Engineer, Propulsion Branch, ANM-140S, Seattle Aircraft 
Certification Office, FAA, 1601 Lind Avenue SW., Renton, Washington 
98057-3356; 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), D626A001-CMR, 
Revision August 2011, of the Boeing 737-600/700/700C/800/900/900ER 
Maintenance Planning Data (MPD) Document.
    (ii) Section 9, Airworthiness Limitations (AWLs) and 
Certification Maintenance

[[Page 52841]]

Requirements (CMRs), D626A001-CMR, Revision August 2012, of the 
Boeing 737-600/700/700C/800/900/900ER 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 206-766-5680; Internet https://www.myboeingfleet.com.
    (4) 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.
    (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 July 21, 2013.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-20730 Filed 8-26-13; 8:45 am]
BILLING CODE 4910-13-P
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