Airworthiness Directives; The Boeing Company, 28764-28767 [2013-11694]

Download as PDF erowe on DSK2VPTVN1PROD with PROPOSALS-1 28764 Federal Register / Vol. 78, No. 95 / Thursday, May 16, 2013 / Proposed Rules (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8); (f); and (g). Additionally, the Secretary of Homeland Security, pursuant to 5 U.S.C. 552a(k)(2), has exempted this system from the following provisions of the Privacy Act: 5 U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I); and (f). Where a record received from another system has been exempted in that source system under 5 U.S.C. 552a(j)(2), DHS will claim the same exemptions for those records that are claimed for the original primary systems of records from which they originated and claims any additional exemptions set forth here. Exemptions from these particular subsections are justified, on a case-by-case basis to be determined at the time a request is made, for the following reasons: (a) From subsection (c)(3) and (4) (Accounting for Disclosures) because release of the accounting of disclosures could alert the subject of an investigation of an actual or potential criminal, civil, or regulatory violation to the existence of that investigation and reveal investigative interest on the part of DHS as well as the recipient agency. Disclosure of the accounting would therefore present a serious impediment to law enforcement efforts and/or efforts to preserve national security. Disclosure of the accounting would also permit the individual who is the subject of a record to impede the investigation, to tamper with witnesses or evidence, and to avoid detection or apprehension, which would undermine the entire investigative process. (b) From subsection (d) (Access to Records) because access to the records contained in this system of records could inform the subject of an investigation of an actual or potential criminal, civil, or regulatory violation to the existence of that investigation and reveal investigative interest on the part of DHS or another agency. Access to the records could permit the individual who is the subject of a record to impede the investigation, to tamper with witnesses or evidence, and to avoid detection or apprehension. Amendment of the records could interfere with ongoing investigations and law enforcement activities and would impose an unreasonable administrative burden by requiring investigations to be continually reinvestigated. In addition, permitting access and amendment to such information could disclose classified and other security-sensitive information that could be detrimental to homeland security. (c) From subsection (e)(1) (Relevancy and Necessity of Information) because in the course of investigations into potential violations of federal law, the accuracy of information obtained or introduced occasionally may be unclear, or the information may not be strictly relevant or necessary to a specific investigation. In the interests of effective law enforcement, it is appropriate to retain all information that may aid in establishing patterns of unlawful activity. (d) From subsection (e)(2) (Collection of Information from Individuals) because requiring that information be collected from the subject of an investigation would alert the subject to the nature or existence of the investigation, thereby interfering with that VerDate Mar<15>2010 18:07 May 15, 2013 Jkt 229001 investigation and related law enforcement activities. (e) From subsection (e)(3) (Notice to Subjects) because providing such detailed information could impede law enforcement by compromising the existence of a confidential investigation or reveal the identity of witnesses or confidential informants. (f) From subsections (e)(4)(G), (e)(4)(H), and (e)(4)(I) (Agency Requirements) and (f) (Agency Rules), because portions of this system are exempt from the individual access provisions of subsection (d) for the reasons noted above, and therefore DHS is not required to establish requirements, rules, or procedures with respect to such access. Providing notice to individuals with respect to existence of records pertaining to them in the system of records or otherwise setting up procedures pursuant to which individuals may access and view records pertaining to themselves in the system would undermine investigative efforts and reveal the identities of witnesses, and potential witnesses, and confidential informants. (g) From subsection (e)(5) (Collection of Information) because with the collection of information for law enforcement purposes, it is impossible to determine in advance what information is accurate, relevant, timely, and complete. Compliance with subsection (e)(5) would preclude DHS agents from using their investigative training and exercise of good judgment to both conduct and report on investigations. (h) From subsection (e)(8) (Notice on Individuals) because compliance would interfere with DHS’s ability to obtain, serve, and issue subpoenas, warrants, and other law enforcement mechanisms that may be filed under seal and could result in disclosure of investigative techniques, procedures, and evidence. (i) From subsection (g)(1) (Civil Remedies) to the extent that the system is exempt from other specific subsections of the Privacy Act. Dated: April 22, 2013. Jonathan R. Cantor, Acting Chief Privacy Officer, Department of Homeland Security. [FR Doc. 2013–11727 Filed 5–15–13; 8:45 am] BILLING CODE 9111–28–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2013–0421; Directorate Identifier 2013–NM–003–AD] RIN 2120–AA64 Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: Frm 00004 Fmt 4702 We must receive comments on this proposed AD by July 1, 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 https://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: Deliver to Mail address above 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 206–766–5680; 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, WA. For information on the availability of this material at the FAA, call 425–227–1221. DATES: Examining the AD Docket Airworthiness Directives; The Boeing Company PO 00000 We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 737–300, –400, and –500 series airplanes. This proposed AD was prompted by fuel system reviews conducted by the manufacturer. This proposed AD would require, depending on airplane configuration, replacing fuel pump power control relays with new relays having a ground fault interrupter (GFI) feature, installing ground studs and a bonding jumper, doing certain bonding resistance measurements, and changing the GFI relay position. This proposed AD would also require revising the maintenance program to incorporate certain airworthiness limitations. We are proposing this AD to prevent damage to the fuel pumps caused by electrical arcing that could introduce an ignition source in the fuel tank, which, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane. SUMMARY: Sfmt 4702 You may examine the AD docket on the Internet at https:// 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 E:\FR\FM\16MYP1.SGM 16MYP1 Federal Register / Vol. 78, No. 95 / Thursday, May 16, 2013 / Proposed Rules 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: Georgios Roussos, Aerospace Engineer, Systems and Equipment Branch, ANM– 130S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton, WA 98057–3356; phone: 425–917–6482; fax: 425–917–6590; email: georgios.roussos@faa.gov. SUPPLEMENTARY INFORMATION: erowe on DSK2VPTVN1PROD with PROPOSALS-1 Comments Invited We invite you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA– 2013–0421; Directorate Identifier 2013– NM–003–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 proposed AD because of those comments. We will post all comments we receive, without change, to https:// 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 The FAA has examined the underlying safety issues involved in fuel tank explosions on several large transport airplanes, including the adequacy of existing regulations, the service history of airplanes subject to those regulations, and existing maintenance practices for fuel tank systems. As a result of those findings, we issued a regulation titled ‘‘Transport Airplane Fuel Tank System Design Review, Flammability Reduction and Maintenance and Inspection Requirements’’ (66 FR 23086, May 7, 2001). In addition to new airworthiness standards for transport airplanes and new maintenance requirements, this rule included Special Federal Aviation Regulation No. 88 (‘‘SFAR 88,’’ Amendment 21–78, and subsequent Amendments 21–82 and 21–83). Among other actions, SFAR 88 requires certain type design (i.e., type VerDate Mar<15>2010 14:45 May 15, 2013 Jkt 229001 certificate (TC) and supplemental type certificate (STC)) holders to substantiate that their fuel tank systems can prevent ignition sources in the fuel tanks. This requirement applies to type design holders for large turbine-powered transport airplanes and for subsequent modifications to those airplanes. It requires them to perform design reviews and to develop design changes and maintenance procedures if their designs do not meet the new fuel tank safety standards. As explained in the preamble to the rule, we intended to adopt airworthiness directives to mandate any changes found necessary to address unsafe conditions identified as a result of these reviews. In evaluating these design reviews, we have established four criteria intended to define the unsafe conditions associated with fuel tank systems that require corrective actions. The percentage of operating time during which fuel tanks are exposed to flammable conditions is one of these criteria. The other three criteria address the failure types under evaluation: single failures, combination of failures, and unacceptable (failure) experience. For all three failure criteria, the evaluations included consideration of previous actions taken that may mitigate the need for further action. We have determined that the actions identified in this proposed AD are necessary to reduce the potential of ignition sources inside fuel tanks, which, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane. We received a report of incorrect operation of a new GFI relay having part number (P/N) 9524G–10674 after AD 2011–12–09, Amendment 39–16716 (76 FR 33988, June 10, 2011), was incorporated. Subsequent investigation found that electromagnetic interference (EMI) between the new P/N 9524G– 10674 relays and adjacent P/N KCG– X4L–001 relays could cause problems with the function of the new relays and the operation of the GFI system. The GFI system might not function correctly after installation on certain airplanes. Related Rulemaking The requirements of AD 2011–12–09, Amendment 39–16716 (76 FR 33988, June 10, 2011), affect all airplanes of this proposed AD. This proposed AD provides terminating actions for those airplanes. PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 28765 Relevant Service Information We reviewed Boeing Alert Service Bulletin 737–28A1212, Revision 2, dated October 18, 2012. For information on the procedures and compliance times, see this service information at https://www.regulations.gov by searching for Docket No. FAA–2013–0421. FAA’s Determination We are proposing this AD 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. Proposed AD Requirements This proposed AD would require accomplishing the actions specified in the service information described previously. The phrase ‘‘related investigative actions’’ might be used in this proposed AD. ‘‘Related investigative actions’’ are follow-on actions that: (1) are related to the primary actions, and (2) are actions that further investigate the nature of any condition found. Related investigative actions in an AD could include, for example, inspections. In addition, the phrase ‘‘corrective actions’’ might be used in this proposed AD. ‘‘Corrective actions’’ are actions that correct or address any condition found. Corrective actions in an AD could include, for example, repairs. This proposed AD requires revisions to certain operator maintenance documents to include new inspections. Compliance with these inspections is required by 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 alternative method of compliance according to paragraph (l) of this proposed AD. The request should include a description of changes to the required inspections that will ensure the continued operational safety of the airplane. Costs of Compliance We estimate that this proposed AD affects 14 airplanes of U.S. registry. We estimate the following costs to comply with this proposed AD: E:\FR\FM\16MYP1.SGM 16MYP1 28766 Federal Register / Vol. 78, No. 95 / Thursday, May 16, 2013 / Proposed Rules ESTIMATED COSTS Cost on U.S. operators Action Labor cost Parts cost Cost per product Replace fuel pump power control relays, install ground studs and a bonding jumper, and do certain bonding resistance measurements, and change the GFI relay position, depending on airplane configuration. Maintenance program revision ..... Up to 31 work-hours × $85 per hour = $2,635. Up to $21,338 ........... Up to $23,973 ........... Up to $335,622. 1 work-hour × $85 per hour = $85 $0 .............................. $85 ............................ $1,190. 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. 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 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): ■ The Boeing Company: Docket No. FAA– 2013–0421; Directorate Identifier 2013–NM– 003–AD. erowe on DSK2VPTVN1PROD with PROPOSALS-1 Regulatory Findings (a) Comments Due Date We must receive comments by July 1, 2013. 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. (b) Affected ADs Certain requirements of this AD terminate certain requirements of AD 2011–12–09, Amendment 39–16716 (76 FR 33988, June 10, 2011). VerDate Mar<15>2010 14:45 May 15, 2013 Jkt 229001 (c) Applicability This AD applies to The Boeing Company Model 737–300, –400, and –500 series airplanes; certificated in any category; identified as Groups 5, 6, 7, and 9 in Boeing Alert Service Bulletin 737–28A1212, Revision 2, dated October 18, 2012. (d) Subject Joint Aircraft System Component (JASC)/ Air Transport Association (ATA) of America Code 2822, Fuel boost pump. (e) Unsafe Condition This AD was prompted by fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent damage to the fuel pumps caused by electrical arcing that could introduce an ignition source in the fuel tank, which, in combination with flammable fuel vapors, could result in a fuel tank explosion and consequent loss of the airplane. PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Installation of Ground Studs and Bonding Jumper and Fuel Boost Pump Relays Replacement For airplanes in Groups 5, 6, 7, and 9, Configuration 1, as identified in Boeing Alert Service Bulletin 737–28A1212, Revision 2, dated October 18, 2012 (airplanes on which Boeing Alert Service Bulletin 737–28A1212 was not done): Within 60 months after the effective date of this AD, install ground studs and a bonding jumper, replace fuel boost pump relays, and do certain bonding resistance measurements, in accordance with Part 1 of the Accomplishment Instructions of Boeing Alert Service Bulletin 737–28A1212, Revision 2, dated October 18, 2012. Doing the actions required by this paragraph terminates the requirements of paragraph (g) of AD 2011–12–09, Amendment 39–16716 (76 FR 33988, June 10, 2011), for Groups 5, 6, 7, and 9, Configuration 1 only, provided that the requirements of paragraph (g) of this AD are done at the time given in AD 2011–12–09. (h) Ground Studs and Bonding Jumper Installation and GFI Relay Position Change For airplanes in Groups 5, 6, 7, and 9, Configuration 2, as identified in Boeing Alert Service Bulletin 737–28A1212, Revision 2, dated October 18, 2012 (airplanes on which Boeing Alert Service Bulletin 737–28A1212, dated July 23, 2009 was done): Within 60 months after the effective date of this AD, install ground studs and a bonding jumper, change the GFI relay position, and do certain bonding resistance measurements, in accordance with Part 2 of the Accomplishment Instructions of Boeing Alert Service Bulletin 737–28A1212, Revision 2, dated October 18, 2012. Doing the actions required by this paragraph terminates the requirements of paragraph (h) of AD 2011– 12–09, Amendment 39–16716 (76 FR 33988, June 10, 2011), for airplanes identified as Groups 5, 6, 7, and 9, Configuration 2 only, provided that the requirements of paragraph (h) of this AD are done at the time given in AD 2011–12–09. (i) Ground Fault Interrupt (GFI) Relay Position Change For airplanes in Groups 5, 6, 7, and 9, Configuration 3, as identified in Boeing Alert Service Bulletin 737–28A1212, Revision 2, dated October 18, 2012 (certain airplanes on which Boeing Alert Service Bulletin 737– E:\FR\FM\16MYP1.SGM 16MYP1 Federal Register / Vol. 78, No. 95 / Thursday, May 16, 2013 / Proposed Rules 28A1212, Revision 1, dated August 27, 2010 was done): Within 60 months after the effective date of this AD, change the GFI relay position and do certain bonding resistance measurements, in accordance with Part 4 of the Accomplishment Instructions of Boeing Alert Service Bulletin 737–28A1212, Revision 2, dated October 18, 2012. 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, WA. For information on the availability of this material at the FAA, call 425–227–1221. (j) Maintenance Program Revision Concurrently with accomplishing the actions required by paragraph (g), (h), or (i) of this AD, or within 30 days after the effective date of this AD, whichever occurs later: Revise the maintenance program by incorporating Airworthiness Limitation 28– AWL–22 of Boeing 737–100/200/200C/300/ 400/500 AWL and Certification Maintenance Requirements (CMRs), Document D6–38278– CMR, Revision August 2012. The initial compliance time for the actions specified in AWL 28–AWL–22 of Boeing 737–100/200/ 200C/300/400/500 AWL and Certification Maintenance Requirements (CMRs), Document D6–38278–CMR, Revision August 2012, is within 1 year after accomplishing the installation required by paragraph (g), (h), or (i) of this AD, or within 1 year after the effective date of this AD, whichever occurs later. Issued in Renton, Washington, on May 8, 2013. Jeffrey E. Duven, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. (k) No Alternative Actions, Intervals, and/or Critical Design Configuration Control Limitations (CDCCLs) After accomplishing the revision required by paragraph (j) of this AD, no alternative actions (e.g., inspections) 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 (l) of this AD. erowe on DSK2VPTVN1PROD with PROPOSALS-1 (l) 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. (m) Related Information (1) For more information about this AD, contact Georgios Roussos, Aerospace Engineer, Systems and Equipment Branch, ANM–130S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton, WA 98057–3356; phone: 425–917– 6482; fax: 425–917–6590; email: georgios.roussos@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, VerDate Mar<15>2010 14:45 May 15, 2013 Jkt 229001 [FR Doc. 2013–11694 Filed 5–15–13; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2013–0420; Directorate Identifier 2011–NM–241–AD] RIN 2120–AA64 Airworthiness Directives; The Boeing Company Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: We propose to adopt a new airworthiness directive (AD) for certain The Boeing Company Model 747–100, 747–100B, 747–100B SUD, 747–200B, 747–200C, 747–200F, 747–300, 747– 400, 747–400D, 747–400F, 747SR, and 747SP series airplanes. This proposed AD was prompted by a report of a disbonded doubler and a skin crack in section 41 of the fuselage, and multiple reports of cracked or missing fastener heads. This proposed AD would require repetitive inspections for cracking of the fuselage skin, discrepant fasteners, and for disbonds at the doublers; and related investigative and corrective actions if necessary. For certain airplanes, this proposed AD would also require a terminating repair for repair doublers. We are proposing this AD to prevent rapid decompression and loss of structural integrity of the airplane due to such disbonding and subsequent cracking of the skin panels. DATES: We must receive comments on this proposed AD by July 1, 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 https://www.regulations.gov. Follow the instructions for submitting comments. • Fax: 202–493–2251. SUMMARY: PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 28767 • 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: Deliver to Mail address above 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 206–766–5680; 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, 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 https:// 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: Nathan Weigand, Aerospace Engineer, Airframe Branch, ANM–120S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057–3356; phone: 425–917–6428; fax: 425–917–6590; email: Nathan.P.Weigand@faa.gov. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA– 2013–0420; Directorate Identifier 2011– NM–241–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 proposed AD because of those comments. We will post all comments we receive, without change, to https:// www.regulations.gov, including any E:\FR\FM\16MYP1.SGM 16MYP1

Agencies

[Federal Register Volume 78, Number 95 (Thursday, May 16, 2013)]
[Proposed Rules]
[Pages 28764-28767]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11694]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0421; Directorate Identifier 2013-NM-003-AD]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain The Boeing Company Model 737-300, -400, and -500 series 
airplanes. This proposed AD was prompted by fuel system reviews 
conducted by the manufacturer. This proposed AD would require, 
depending on airplane configuration, replacing fuel pump power control 
relays with new relays having a ground fault interrupter (GFI) feature, 
installing ground studs and a bonding jumper, doing certain bonding 
resistance measurements, and changing the GFI relay position. This 
proposed AD would also require revising the maintenance program to 
incorporate certain airworthiness limitations. We are proposing this AD 
to prevent damage to the fuel pumps caused by electrical arcing that 
could introduce an ignition source in the fuel tank, which, in 
combination with flammable fuel vapors, could result in a fuel tank 
explosion and consequent loss of the airplane.

DATES: We must receive comments on this proposed AD by July 1, 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 https://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: Deliver to Mail address above 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 206-766-5680; 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, 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 https://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

[[Page 28765]]

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: Georgios Roussos, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft 
Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-3356; 
phone: 425-917-6482; fax: 425-917-6590; email: 
georgios.roussos@faa.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2013-0421; 
Directorate Identifier 2013-NM-003-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 proposed AD because of those comments.
    We will post all comments we receive, without change, to https://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

    The FAA has examined the underlying safety issues involved in fuel 
tank explosions on several large transport airplanes, including the 
adequacy of existing regulations, the service history of airplanes 
subject to those regulations, and existing maintenance practices for 
fuel tank systems. As a result of those findings, we issued a 
regulation titled ``Transport Airplane Fuel Tank System Design Review, 
Flammability Reduction and Maintenance and Inspection Requirements'' 
(66 FR 23086, May 7, 2001). In addition to new airworthiness standards 
for transport airplanes and new maintenance requirements, this rule 
included Special Federal Aviation Regulation No. 88 (``SFAR 88,'' 
Amendment 21-78, and subsequent Amendments 21-82 and 21-83).
    Among other actions, SFAR 88 requires certain type design (i.e., 
type certificate (TC) and supplemental type certificate (STC)) holders 
to substantiate that their fuel tank systems can prevent ignition 
sources in the fuel tanks. This requirement applies to type design 
holders for large turbine-powered transport airplanes and for 
subsequent modifications to those airplanes. It requires them to 
perform design reviews and to develop design changes and maintenance 
procedures if their designs do not meet the new fuel tank safety 
standards. As explained in the preamble to the rule, we intended to 
adopt airworthiness directives to mandate any changes found necessary 
to address unsafe conditions identified as a result of these reviews.
    In evaluating these design reviews, we have established four 
criteria intended to define the unsafe conditions associated with fuel 
tank systems that require corrective actions. The percentage of 
operating time during which fuel tanks are exposed to flammable 
conditions is one of these criteria. The other three criteria address 
the failure types under evaluation: single failures, combination of 
failures, and unacceptable (failure) experience. For all three failure 
criteria, the evaluations included consideration of previous actions 
taken that may mitigate the need for further action.
    We have determined that the actions identified in this proposed AD 
are necessary to reduce the potential of ignition sources inside fuel 
tanks, which, in combination with flammable fuel vapors, could result 
in a fuel tank explosion and consequent loss of the airplane.
    We received a report of incorrect operation of a new GFI relay 
having part number (P/N) 9524G-10674 after AD 2011-12-09, Amendment 39-
16716 (76 FR 33988, June 10, 2011), was incorporated. Subsequent 
investigation found that electromagnetic interference (EMI) between the 
new P/N 9524G-10674 relays and adjacent P/N KCG-X4L-001 relays could 
cause problems with the function of the new relays and the operation of 
the GFI system. The GFI system might not function correctly after 
installation on certain airplanes.

Related Rulemaking

    The requirements of AD 2011-12-09, Amendment 39-16716 (76 FR 33988, 
June 10, 2011), affect all airplanes of this proposed AD. This proposed 
AD provides terminating actions for those airplanes.

Relevant Service Information

    We reviewed Boeing Alert Service Bulletin 737-28A1212, Revision 2, 
dated October 18, 2012. For information on the procedures and 
compliance times, see this service information at https://www.regulations.gov by searching for Docket No. FAA-2013-0421.

FAA's Determination

    We are proposing this AD 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.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in the service information described previously.
    The phrase ``related investigative actions'' might be used in this 
proposed AD. ``Related investigative actions'' are follow-on actions 
that: (1) are related to the primary actions, and (2) are actions that 
further investigate the nature of any condition found. Related 
investigative actions in an AD could include, for example, inspections.
    In addition, the phrase ``corrective actions'' might be used in 
this proposed AD. ``Corrective actions'' are actions that correct or 
address any condition found. Corrective actions in an AD could include, 
for example, repairs.
    This proposed AD requires revisions to certain operator maintenance 
documents to include new inspections. Compliance with these inspections 
is required by 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 
alternative method of compliance according to paragraph (l) of this 
proposed AD. The request should include a description of changes to the 
required inspections that will ensure the continued operational safety 
of the airplane.

Costs of Compliance

    We estimate that this proposed AD affects 14 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

[[Page 28766]]



                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
              Action                    Labor cost                  Parts cost                   Cost per product             Cost on U.S.  operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Replace fuel pump power control    Up to 31 work-hours   Up to $21,338..................  Up to $23,973.................  Up to $335,622.
 relays, install ground studs and   x $85 per hour =
 a bonding jumper, and do certain   $2,635.
 bonding resistance measurements,
 and change the GFI relay
 position, depending on airplane
 configuration.
Maintenance program revision.....  1 work-hour x $85     $0.............................  $85...........................  $1,190.
                                    per 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-2013-0421; Directorate 
Identifier 2013-NM-003-AD.

(a) Comments Due Date

    We must receive comments by July 1, 2013.

(b) Affected ADs

    Certain requirements of this AD terminate certain requirements 
of AD 2011-12-09, Amendment 39-16716 (76 FR 33988, June 10, 2011).

(c) Applicability

    This AD applies to The Boeing Company Model 737-300, -400, and -
500 series airplanes; certificated in any category; identified as 
Groups 5, 6, 7, and 9 in Boeing Alert Service Bulletin 737-28A1212, 
Revision 2, dated October 18, 2012.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 2822, Fuel boost pump.

(e) Unsafe Condition

    This AD was prompted by fuel system reviews conducted by the 
manufacturer. We are issuing this AD to prevent damage to the fuel 
pumps caused by electrical arcing that could introduce an ignition 
source in the fuel tank, which, in combination with flammable fuel 
vapors, could result in a fuel tank explosion and consequent loss of 
the airplane.

(f) Compliance

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

(g) Installation of Ground Studs and Bonding Jumper and Fuel Boost Pump 
Relays Replacement

    For airplanes in Groups 5, 6, 7, and 9, Configuration 1, as 
identified in Boeing Alert Service Bulletin 737-28A1212, Revision 2, 
dated October 18, 2012 (airplanes on which Boeing Alert Service 
Bulletin 737-28A1212 was not done): Within 60 months after the 
effective date of this AD, install ground studs and a bonding 
jumper, replace fuel boost pump relays, and do certain bonding 
resistance measurements, in accordance with Part 1 of the 
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
28A1212, Revision 2, dated October 18, 2012. Doing the actions 
required by this paragraph terminates the requirements of paragraph 
(g) of AD 2011-12-09, Amendment 39-16716 (76 FR 33988, June 10, 
2011), for Groups 5, 6, 7, and 9, Configuration 1 only, provided 
that the requirements of paragraph (g) of this AD are done at the 
time given in AD 2011-12-09.

(h) Ground Studs and Bonding Jumper Installation and GFI Relay Position 
Change

    For airplanes in Groups 5, 6, 7, and 9, Configuration 2, as 
identified in Boeing Alert Service Bulletin 737-28A1212, Revision 2, 
dated October 18, 2012 (airplanes on which Boeing Alert Service 
Bulletin 737-28A1212, dated July 23, 2009 was done): Within 60 
months after the effective date of this AD, install ground studs and 
a bonding jumper, change the GFI relay position, and do certain 
bonding resistance measurements, in accordance with Part 2 of the 
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
28A1212, Revision 2, dated October 18, 2012. Doing the actions 
required by this paragraph terminates the requirements of paragraph 
(h) of AD 2011-12-09, Amendment 39-16716 (76 FR 33988, June 10, 
2011), for airplanes identified as Groups 5, 6, 7, and 9, 
Configuration 2 only, provided that the requirements of paragraph 
(h) of this AD are done at the time given in AD 2011-12-09.

(i) Ground Fault Interrupt (GFI) Relay Position Change

    For airplanes in Groups 5, 6, 7, and 9, Configuration 3, as 
identified in Boeing Alert Service Bulletin 737-28A1212, Revision 2, 
dated October 18, 2012 (certain airplanes on which Boeing Alert 
Service Bulletin 737-

[[Page 28767]]

28A1212, Revision 1, dated August 27, 2010 was done): Within 60 
months after the effective date of this AD, change the GFI relay 
position and do certain bonding resistance measurements, in 
accordance with Part 4 of the Accomplishment Instructions of Boeing 
Alert Service Bulletin 737-28A1212, Revision 2, dated October 18, 
2012.

(j) Maintenance Program Revision

    Concurrently with accomplishing the actions required by 
paragraph (g), (h), or (i) of this AD, or within 30 days after the 
effective date of this AD, whichever occurs later: Revise the 
maintenance program by incorporating Airworthiness Limitation 28-
AWL-22 of Boeing 737-100/200/200C/300/400/500 AWL and Certification 
Maintenance Requirements (CMRs), Document D6-38278-CMR, Revision 
August 2012. The initial compliance time for the actions specified 
in AWL 28-AWL-22 of Boeing 737-100/200/200C/300/400/500 AWL and 
Certification Maintenance Requirements (CMRs), Document D6-38278-
CMR, Revision August 2012, is within 1 year after accomplishing the 
installation required by paragraph (g), (h), or (i) of this AD, or 
within 1 year after the effective date of this AD, whichever occurs 
later.

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

    After accomplishing the revision required by paragraph (j) of 
this AD, no alternative actions (e.g., inspections) 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 (l) of this AD.

(l) 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.

(m) Related Information

    (1) For more information about this AD, contact Georgios 
Roussos, Aerospace Engineer, Systems and Equipment Branch, ANM-130S, 
FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue SW., 
Renton, WA 98057-3356; phone: 425-917-6482; fax: 425-917-6590; 
email: georgios.roussos@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 206-766-5680; 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, WA. For information on the availability of 
this material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on May 8, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-11694 Filed 5-15-13; 8:45 am]
BILLING CODE 4910-13-P
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