### 28128 Federal Register / Vol. 78, No. 93 / Tuesday, May 14, 2013 / Rules and Regulations

(ii) For airplanes with 7,500 through 9,999 hours TIS, inspect within the next 60 days after the effective date of this AD.

(iii) For airplanes with 5,000 through 7,499 hours TIS, inspect within the next 6 months after the effective date of this AD.

(iv) For airplanes with less than 5,000 hours TIS, inspect when the airplane accumulates a total of 5,000 hours TIS or within the next 12 months after the effective date of this AD, whichever occurs later.
(h) Repair

If any damage, cracks, and/or cracks that exceed the allowable limits specified in the service bulletin are found during the inspection required in paragraph (g)(1) of this AD, before further flight, repair or replace parts as necessary following Twin Commander Aircraft LLC Service Bulletin 241, dated, September 26, 2012. If Twin Commander Aircraft LLC Service Bulletin 241, dated, September 26, 2012, does not give procedures for repair of the damaged area, before further flight, you must contact Twin Commander Aircraft LLC to obtain repair instructions approved by the Seattle Aircraft Certification Office (ACO) specifically for compliance with this AD and incorporate those instructions. You can find contact information for Twin Commander Aircraft LLC in paragraph (l)(2) of this AD.
(i) Modification and Reassembly

(1) Before further flight after completing the actions in paragraphs (g) and (h) of this AD, modify and reassemble the airplane using the modification and reassembly procedures in Part II of Twin Commander Aircraft LLC Service Bulletin 241, dated, September 26, 2012.

(2) Although Twin Commander Aircraft LLC Service Bulletin 241, dated September 26, 2012, states that at least one person on the modification team must have completed the Twin Commander Aircraft LLC approved training, the FAA does not require that a mechanic complete this specialized training to do the modification work required in this AD. Regulations 14 CFR 65.81(a) and 14 CFR 65.81(b) provide criteria about qualifications of those performing maintenance; in this case, the requirements 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.

(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

For more information about this AD, contact Vince Massey, Aerospace Engineer, FAA, Seattle ACO, 1601 Lind Avenue SW., Renton, WA 98057; telephone: (425) 917– 6475; fax: (425) 917–6590; email: vince.massey@faa.gov

. (l) Material Incorporated by Reference

(1) You must use the following service information to do the actions required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference (IBR) under 5 U.S.C. 552(a) and 1 CFR part 51:

(i) Twin Commander Aircraft LLC Service Bulletin 241, dated September 26, 2012.

(ii) Reserved. (2) For service information identified in this AD, contact Twin Commander Aircraft LLC; 1176 Telecom Drive, Creedmoor, NC 27522; telephone: (360) 403–0258; email: gpence@twincommander.com ; Internet: http://www.twincommander.com

.

(3) You may review copies of the service information at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329–4148.

(4) You may also review copies of the 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 Kansas City, Missouri, on April 25, 2013. Earl Lawrence, Manager, Small Airplane Directorate, Aircraft Certification Service.

[FR Doc. 2013–10498 Filed 5–13–13; 8:45 am]

**BILLING CODE 4910–13–P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 39**

**[Docket No. FAA–2008–0614; Directorate Identifier 2007–NM–351–AD; Amendment**  **39–17450; AD 2013–09–08]**

**RIN 2120–AA64**

**Airworthiness Directives; the Boeing Company Airplanes** 

**AGENCY :**  Federal Aviation Administration (FAA), DOT.

**ACTION :**  Final rule.

**SUMMARY :**  We are adopting a new airworthiness directive (AD) for all The Boeing Company Model 737–300, –400, and –500 series 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 suctionfeed capability on one engine, and inflight shutdown of the engine. This AD requires repetitive operational tests of the engine fuel suction feed of the fuel system, and corrective actions 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 June 18,
2013.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of June 18, 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 AD that would apply to the specified products. That SNPRM published in the Federal Register on January 30, 2013 (78 FR 6254). The original NPRM (73 FR 32258, June 6, 2008) proposed to require repetitive operational tests of the engine


### 28129 Federal Register / Vol. 78, No. 93 / Tuesday, May 14, 2013 / Rules and Regulations

fuel suction feed of the fuel system, and other related testing if necessary. That SNPRM revised the NPRM by proposing to require repetitive operational tests and corrective actions if necessary.

Comments

We gave the public the opportunity to participate in developing this AD. We received no comments on the SNPRM (78 FR 6254, January 30, 2013) or on the determination of the cost to the public.

Conclusion

We reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed. Costs of Compliance

We estimate that this AD affects 827 airplanes of U.S. registry. We estimate the following costs to comply with this
AD:



### E STIMATED 

### C OSTS

Action Labor cost Cost per product Cost on U.S. operators

Operational Test ........ Up to 12 work-hours × $85 per hour = $1,020 per engine, per test ...... Up to $2,040 ............. Up to $1,687,080.

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 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. 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 adding the following new airworthiness directive (AD): 2013–09–08 the Boeing Company: Amendment 39–17450; Docket No. FAA–2008–0614; Directorate Identifier 2007–NM–351–AD.
(a) Effective Date

This AD is effective June 18, 2013.
(b) Affected ADs

None. (c) Applicability

This AD applies to all The Boeing Company Model 737–300, –400, and –500 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 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) Operational Test and Corrective Actions

Within 7,500 flight hours or 24 months after the effective date of this AD, whichever occurs first: Perform an operational test of the engine fuel suction feed of the fuel system, and do all applicable corrective actions, in accordance with the Accomplishment Instructions of Boeing Alert Service Bulletin 737–28A1407, dated May 14, 2012. Do all applicable corrective actions before further flight. Repeat the operational test thereafter at intervals not to exceed 7,500 flight hours or 24 months, whichever occurs first. Thereafter, except as provided in paragraph (h) of this AD, no alternative procedures or repetitive test intervals are allowed.
(h) 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-ANMSeattle-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.
(i) 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.go v.


### 28130 Federal Register / Vol. 78, No. 93 / Tuesday, May 14, 2013 / Rules and Regulations

(j) Material Incorporated by Reference

(1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.

(2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise.

(i) Boeing Alert Service Bulletin 737– 28A1407, dated May 14, 2012.

(ii) Reserved. (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/ibrlocations.html

.

Issued in Renton, Washington, on April 24,
2013. Jeffrey E. Duven, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2013–10657 Filed 5–13–13; 8:45 am]

**BILLING CODE 4910–13–P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 39**

**[Docket No. FAA–2012–1072; Directorate Identifier 2012–NM–141–AD; Amendment**  **39–17449; AD 2013–09–07]**

**RIN 2120–AA64**

**Airworthiness Directives; Bombardier, Inc. Airplanes** 

**AGENCY :**  Federal Aviation Administration (FAA), Department of Transportation (DOT).

**ACTION :**  Final rule.

**SUMMARY :**  We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model CL–600–2B19 (Regional Jet Series 100 & 440) airplanes. This AD was prompted by reports of two in-service incidents where the left main landing gear (MLG) failed to extend. This AD requires installing stopper plates on the aft uplock frames in the MLG bay adjacent to the right and left MLG uplock assemblies. We are issuing this AD to prevent incorrect installation of the upper bolt in the MLG uplock assembly, which could prevent the MLG from extending and could adversely affect the safe landing of the airplane.

**DATES :**  This AD becomes effective June 18, 2013.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of June 18, 2013.

**ADDRESSES :**  You may examine the AD docket on the Internet at http:// www.regulations.gov or in person at the U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC.

**FOR FURTHER INFORMATION CONTACT :**  Cesar Gomez, Aerospace Engineer, Airframe and Mechanical Systems Branch, ANE–171, FAA, New York Aircraft Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury, New York 11590; phone: 516–228–7328; fax: 516–794–5531.

**SUPPLEMENTARY INFORMATION :** 

Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the Federal Register on October 16, 2012 (77 FR 63281). That NPRM proposed to correct an unsafe condition for the specified products. The Mandatory Continuing Airworthiness Information (MCAI)
states:

There have been two reported in-service incidents where the left main landing gear (MLG) failed to extend. The investigation revealed that in both cases, the uplockassembly had been replaced prior to the inservice incidents and the upper bolt of the uplock assembly was incorrectly installed. The incorrect installation of the upper bolt resulted in the uplock assembly pivoting on the lower attachment bolt and preventing the MLG from extending under normal or alternate extension.

The potential for an incorrect installation of the upper bolt could occur at both the left hand side (LHS) and/or the right hand side (RHS) MLG uplock assembly. Failure of the MLG to extend could adversely affect the safe landing of the aeroplane.

This [Canadian] AD mandates the installation of stopper plates on the aft uplock frames in the MLG bay, adjacent to both the RHS and LHS MLG uplock assemblies, to prevent an incorrect installation of the MLG uplock assembly. You may obtain further information by examining the MCAI in the AD docket. Actions Since the NPRM (77 FR 63281, October 16, 2012) Was Issued

We have reviewed Bombardier Service Bulletin 601R–32–109, Revision A, dated February 26, 2013. In the NPRM (77 FR 63281, October 16, 2012), we referred to Bombardier Service Bulletin 601R–32–109, dated May 29, 2012, as the appropriate source of service information for doing the actions specified in the NPRM. Revision A of the service information adds information for parts that are listed in paragraph 1.G. ‘‘Material—Price and Availability,’’ and small editorial changes that do not have an effect on the technical content of the service information.

We have updated paragraphs (g) and (j) of this AD to refer to Bombardier Service Bulletin 601R–32–109, Revision A, dated February 26, 2013. We have also added a new paragraph (h) to this AD to give credit for actions done before the effective date of this AD, using Bombardier Service Bulletin 601R–32–109, dated May 29, 2012, and reidentified the subsequent paragraph identifiers accordingly.

Comments

We gave the public the opportunity to participate in developing this AD. We have considered the comments received.

The National Transportation Safety Board supported the NPRM (77 FR 63281, October 16, 2012). Request To Shorten the Compliance Time

The Air Line Pilots Association International (ALPA) requested that the proposed compliance time in the NPRM (77 FR 63281, October 16, 2012) be shortened from ‘‘Within 5,500 flight hours or 48 months after the effective date of this AD, whichever occurs first . . . .’’ to ‘‘Within 2,400 flight hours or 24 months after the effective date of the AD, whichever occurs first . . . .’’ The ALPA based its suggested compliance time on the two reported in-service incidents and the potential safety implication of landing with an MLG fully or partially retracted.

We do not agree with the request to shorten the compliance time. The proposed compliance time in the NPRM (77 FR 63281, October 16, 2012) was based on a risk assessment completed by the airplane manufacturer, Bombardier, Inc. The risk was conservatively assessed with a compliance time of 6,000 flight hours, based on the estimated release date of Bombardier service information. Transport Canada Civil Aviation (TCCA), the State of Design Authority,