24546 Federal Register / Vol. 79, No. 84 / Thursday, May 1, 2014 / Rules and Regulations 

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. 

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 inflight 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 


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Federal Register / Vol. 79, No. 84 / Thursday, May 1, 2014 / Rules and Regulations 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

Action Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

Revise airworthiness limitations ...................... 1 work-hour × $85 per hour = $85 ................. $0 $85 $34,510 

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 


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24548 Federal Register / Vol. 79, No. 84 / Thursday, May 1, 2014 / Rules and Regulations 

(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): 

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 inservice 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-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. 

(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/ibrlocations.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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0864; Directorate 

Identifier 2013–NM–108–AD; Amendment 

39–17841; AD 2014–09–06] 

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 certain 


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