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[Federal Register Volume 78, Number 148 (Thursday, August 1, 2013)]
[Proposed Rules]
[Pages 46532-46536]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18511]

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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]
RIN 2120-AA64

Airworthiness Directives; the Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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SUMMARY: We are revising an earlier proposed airworthiness directive 
(AD) for all The Boeing Company Model 767 airplanes. That NPRM proposed 
to require repetitive operational tests of the engine fuel suction feed 
of the fuel system, and other related testing if necessary. That 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. This action revises that NPRM by 
proposing 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 proposing this supplemental NPRM 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. Since these actions impose 
an additional burden over that proposed in the previous NPRM, we are 
reopening the comment period to allow the public the chance to comment 
on these proposed changes.

DATES: We must receive comments on this supplemental NPRM by September 
16, 2013.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this proposed 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 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 proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (phone: 800-647-5527) is in the ADDRESSES 
section. Comments will be available in the AD docket shortly after 
receipt.

FOR FURTHER INFORMATION CONTACT: Sue Lucier, Aerospace Engineer, 
Propulsion Branch, ANM-140S, 1601 Lind Avenue SW., Renton, Washington 
98057-3352; phone: 425-917-6438; fax: 425-917-6590; email: 
suzanne.lucier@faa.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0616; 
Directorate Identifier 2007-NM-353-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this

[[Page 46533]]

proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    We issued an NPRM to amend 14 CFR part 39 to include an AD that 
would apply to all The Boeing Company Model 767 airplanes. That NPRM 
published in the Federal Register on June 6, 2008 (73 FR 32252). That 
NPRM proposed to require repetitive operational tests of the engine 
fuel suction feed of the fuel system, and other related testing if 
necessary, according to a method approved by the FAA.

Actions Since Previous NPRM (73 FR 32252, June 6, 2008) Was Issued

    Since we issued the previous NPRM (73 FR 32252, June 6, 2008), we 
have received comments from operators indicating a high level of 
difficulty performing the actions in the previous NPRM during 
maintenance operations. It is standard practice for operators to revise 
maintenance tasks to incorporate actions into their individual 
maintenance manuals as part of the maintenance program. Based on these 
comments, and a review of the previous NPRM, we determined a revision 
to the procedures was necessary. In conjunction with Boeing we 
developed an airworthiness limitation for the engine fuel suction feed 
system to address this issue.

Relevant Service Information

    We reviewed Section 9, Airworthiness Limitations (AWLs) and 
Certification Maintenance Requirements (CMRs), D622T001-9, Revision 
October 2012 and Revision January 2013, of the Boeing 767 Maintenance 
Planning Data (MPD) Document. Among other things, Section 9 describes 
AWL No. 28-AWL-101, Engine Fuel Suction Feed Operational Test, of 
Section E., AWLS--Fuel Systems, which provides procedures for 
performing repetitive operational tests of the engine fuel suction feed 
of the fuel system.

Comments

    We gave the public the opportunity to comment on the previous NPRM 
(73 FR 32252, June 6, 2008). The following presents the comments 
received on the previous NPRM and the FAA's response to each comment.

Request To Withdraw the Previous NPRM (73 FR 32252, June 6, 2008)

    ABX Air asked that we withdraw the previous NPRM (73 FR 32252, June 
6, 2008). ABX stated that there have been no incidents recorded in the 
NTSB or FAA databases for a Model 767 flameout due to the loss of fuel 
system suction feed capability. ABX added that it does not believe the 
subject unsafe condition is a critical safety concern.
    We do not agree with the request to withdraw the previous NPRM (73 
FR 32252, June 6, 2008), because, together with the manufacturer, we 
have evaluated this issue and determined it to be an important safety 
concern. 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. 
We have not changed the supplemental NPRM in this regard.

Request To Incorporate CMR Task Into the Maintenance Program Instead of 
Issuing an NPRM

    ABX, Japan Airlines International (JAL), and Qantas Airways Ltd. 
asked that a CMR task be developed for incorporation into the 
maintenance program instead of issuing an NPRM (73 FR 32252, June 6, 
2008). The commenters stated that the maintenance program is already in 
use by operators and the procedures are understood and followed. Qantas 
added that the task associated with this action will generate an 
administrative burden for operators, with no benefit.
    We do not agree with the requests to develop a CMR task. CMRs are 
developed by the Certification Maintenance Coordination Committee 
(CMCC) during the type certification process. The CMCC is made up of 
manufacturer representatives (typically maintenance, design, and safety 
engineering personnel), operator representatives designated by the 
Industry Steering Committee chairperson, FAA Aircraft Certification 
Office specialists, and the Maintenance Review Board (MRB) chairperson. 
CMRs developed during this process become a part of the certification 
basis of the airplane upon issuance of the type certificate. We do not 
have a process for convening the CMCC outside of the type certification 
process; based on this, the CMR is not an option for replacing this AD. 
Therefore, if the airworthiness limitation items (ALIs) were not in the 
maintenance program at the time of initial certification, an AD is 
required to make the ALI task a required action. We have not changed 
the supplemental NPRM in this regard.

Requests To Allow the Use of Later Revisions of the Maintenance 
Documents

    Air New Zealand (ANZ), ABX, Continental Airlines (CAL), and Boeing 
asked that we allow using later revisions of the referenced maintenance 
documents, because those documents could be revised over time and would 
require frequent requests for alternative methods of compliance 
(AMOCs).
    We do not agree with the request. Allowing later revisions of 
service documents in an AD is not allowed by the Office of the Federal 
Register regulations for approving materials incorporated by reference. 
We have made no change to the supplemental NPRM in this regard.

Request To Clarify Reason for the Unsafe Condition

    Boeing asked that we clarify the reason for the unsafe condition 
identified in the previous NPRM (73 FR 32252, June 6, 2008). Boeing 
asked that the AD include the results from a report of in-service 
occurrences of loss of fuel system suction feed capability on one 
engine, due to two in-service engine flameout events on a Model 737-400 
airplane while operating on suction feed with undetected air leak 
failures. Boeing stated that there are no known reports of any engine 
flameout related to events on Model 767 airplanes. Boeing acknowledged 
that undetected air leaks could exist and that this maintenance 
procedure is a proactive measure to ensure engine flameout will not 
occur during suction feed operation.
    We agree to clarify the unsafe condition. We have revised the 
Summary section and paragraph (e) of this supplemental NPRM 
accordingly.

[[Page 46534]]

Requests for Changes To Certain Maintenance Document References

    JAL, ANZ, and Boeing asked that we remove the airplane maintenance 
manual (AMM) reference to Section 28-22-00 specified in paragraph (f) 
of the previous NPRM (73 FR 32252, June 6, 2008). The commenters stated 
that the AMM is covered in Boeing 767 Task Card 28-020-02, and noted 
that having fewer references included lessens the chance of errors.
    We acknowledge and agree with the commenters concerns regarding the 
maintenance documents referenced in the previous NPRM (73 FR 32253, 
June 6, 2008). However, these maintenance documents are not FAA-
approved and we do not have the publication controls associated with 
AD-related service documents. We do not agree with the requested 
changes because we have decided to mandate an FAA-approved document 
which should eliminate these concerns. We changed paragraph (f) of the 
previous NPRM (paragraph (g) in this supplemental NPRM) to require 
revising the maintenance program to incorporate new procedures into the 
maintenance documents.

Requests To Extend Repetitive Test Intervals

    CAL and Air Canada asked that we extend the repetitive operational 
test interval specified in paragraph (f) of the previous NPRM (73 FR 
32252, June 6, 2008).
    CAL stated that a re-evaluation of the proposed repetitive interval 
limit after doing the initial inspection should be done, since CAL's 
service history has revealed no reported engine flameout events or 
related operational discrepancies. CAL asked that the repetitive 
interval be extended to a normal maintenance 2C-check or within 12,000 
flight hours, whichever occurs first.
    Air Canada asked that the repetitive interval be extended to a 
calendar time of 24 months. Air Canada does not understand the logic 
behind a repetitive frequency of 7,500 flight hours.
    We do not agree with the requests that the repetitive intervals be 
extended. In developing an appropriate compliance time for the actions 
specified in paragraph (g) of this supplemental NPRM (paragraph (f) of 
the previous NPRM (73 FR 32252, June 6, 2008)), we considered the 
safety implications and normal maintenance schedules for the timely 
accomplishment of the specified actions. We have determined that the 
proposed compliance time will ensure an acceptable level of safety and 
allow the actions to be done during scheduled maintenance intervals for 
most affected operators. However, affected operators may request an 
AMOC to request an extension of the repetitive operational test 
interval under the provisions of paragraph (h) of this supplemental 
NPRM by submitting data substantiating that the change would provide an 
acceptable level of safety. We have not changed the supplemental NPRM 
in this regard.

Request To Clarify That Engine Fuel Suction Feed Test Is Allowed in 
Lieu of the Operational Test

    JAL asked that we clarify that the engine fuel suction feed test 
procedure in the Boeing 767 Maintenance Planning Data (MPD) document is 
an option for performing the operational test in the previous NPRM (73 
FR 32252, June 6, 2008). JAL asked that we consider adding the pressure 
leak check of the fuel lines and fittings procedure as an alternative 
procedure to performing the operational test specified in Section 28-
22-00 of the Boeing 767 Aircraft Maintenance Manual (AMM).
    We agree to provide clarification. The pressure leak check is not 
equivalent to the operational test (Task 28-22-00-710-802) since 
certain fuel line seal details may function normally under positive 
pressure, but fail to hold in-line vacuum when under fuel suction feed. 
Additionally, a fuel suction feed test would be required after 
reconnecting the fuel line to the manifold to verify final system 
integrity. Therefore, we have not changed the supplemental NPRM in this 
regard.

Request To Include Warning Information

    CAL suggested that the Boeing service manuals include a critical 
design configuration control limitation (CDCCL) warning identification 
statement to alert maintenance personnel of the importance of 
regulatory compliance, as well as the configuration control 
requirement. CAL did not include any justification for this request.
    We agree that a CDCCL warning statement would serve as direct 
communication to maintenance personnel that there is an AD associated 
with certain maintenance actions. New service information has been 
added to this supplemental NPRM since issuance of the previous NPRM (73 
FR 32252, June 6, 2008), which should eliminate the commenter's 
concern. The airplane maintenance manual will be a ``referred to'' 
document within the AWL task, which gives operators flexibility in 
developing maintenance programs based on equivalent procedures. We have 
made no change to the supplemental NPRM in this regard.

Request To Include Corrective Action

    CAL asked that the related testing language specified in paragraph 
(f) of the previous NPRM (73 FR 32252, June 6, 2008) be changed. CAL 
stated that the language should specify correcting discrepancies before 
further flight if the engine fails the operational test. CAL added that 
the corrective actions should be done in accordance with the procedures 
in the ``Right (Left) Engine Fails the Suction Feed Test'' procedure in 
the Boeing 767 Fault Isolation Manual (FIM) 28-22-00/101.
    We acknowledge and agree with the commenters concern. However, as 
stated previously, we are issuing this supplemental NPRM to revise the 
maintenance program to incorporate a revision to the Airworthiness 
Limitations Section of the MPD document to include the ``Engine Fuel 
Suction Feed Operational Test'' procedure. Therefore, the language 
identified by the commenter has been removed from this supplemental 
NPRM. We have made no change to the supplemental NPRM in this regard.

FAA's Determination

    We are proposing this supplemental NPRM because we evaluated all 
the relevant information and determined the unsafe condition described 
previously is likely to exist or develop in other products of the same 
type design. Certain changes described above expand the scope of the 
previous NPRM (73 FR 32252, June 6, 2008). As a result, we have 
determined that it is necessary to reopen the comment period to provide 
additional opportunity for the public to comment on this supplemental 
NPRM.

Proposed Requirements of the Supplemental NPRM

    This supplemental NPRM revises the previous NPRM (73 FR 32252, June 
6, 2008) by proposing to remove the actions in paragraph (f) of the 
previous NPRM and replace with a revision to the maintenance program to 
incorporate procedures for the Engine Fuel Suction Feed Operational 
Test Airworthiness Limitations Section of the MPD document, and to 
remove airplanes from the applicability.
    This AD requires revisions to certain operator maintenance 
documents to include new actions (e.g., inspections) and/or 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

[[Page 46535]]

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 (i)(1) 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.

Costs of Compliance

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

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    (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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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):

The Boeing Company: Docket No. FAA-2008-0616; Directorate Identifier 
2007-NM-353-AD.

(a) Comments Due Date

    We must receive comments by September 16, 2013.

(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 a certificate of airworthiness or foreign export 
before November 2, 2012.

    Note 1 to paragraph (c) of this AD: November 2, 2012, is the 
original publication date of Section 9, Airworthiness Limitations 
(AWLs) and Certification Maintenance Requirements (CMRs), D622T001-
9, Revision October 2012, of the Boeing 767 Maintenance Planning 
Data (MPD) Document, or Revision January 2013 of the Boeing 767 
Maintenance Planning Data (MPD) Document; including Airworthiness 
Limitations (AWLS)--Fuel Systems of Airworthiness Limitation (AWL) 
No. 28-AWL-101, Engine Fuel Suction Feed Operational Test.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America 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 E., AWLS--Fuel Systems of 
Section 9, AWLs and CMRs, D622T001-9, Revision October 2012 or 
Revision January 2013, of the Boeing 767 MPD Document.

(h) No Alternative Actions, Intervals, and/or Critical Design 
Configuration Control Limitations (CDCCLs)

    After accomplishing the revision required by paragraph (g) of 
this AD, no alternative actions (e.g., tests), intervals, or CDCCLs 
may be used unless the actions, intervals, or CDCCLs 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

[[Page 46536]]

of the local flight standards district office/certificate holding 
district office.

(j) Related Information

    (1) For more information about this AD, contact Sue Lucier, 
Aerospace Engineer, Propulsion Branch, ANM-140S, 1601 Lind Avenue 
SW., Renton, Washington 98057-3352; phone: 425-917-6438; fax: 425-
917-6590; email: suzanne.lucier@faa.gov.
    (2) 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 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.

    Issued in Renton, Washington, on July 21, 2013.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-18511 Filed 7-31-13; 8:45 am]
BILLING CODE 4910-13-P
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