((Page 39572)) \n\nDiscussion \n\n\n\tWe issued a supplemental notice of proposed rulemaking (SNPRM) to amend 14 CFR part 39 to include an airworthiness directive (AD) that would apply to the specified products. That SNPRM published in the Federal Register on July 9, 2012 (77 FR 40307). The original NPRM (73 FR 32248, June 6, 2008) proposed to require repetitive operational tests of the engine fuel suction feed of the fuel system, and other related testing if necessary. The SNPRM proposed to require repetitive operational tests and corrective actions if necessary. \n\nComments \n\n\n\tWe gave the public the opportunity to participate in developing this AD. The following presents the comments received on the proposal (77 FR 40307, July 9, 2012) and the FAA's response to each comment. Boeing reviewed the SNPRM and concurs with the content. \n\nRequest To Change the Compliance Time for the Operational Tests \n\n\n\tUnited Airlines (UAL) asked that we change thecompliance times for the operational test in the SNPRM (77 FR 40307, July 9, 2012) from 30,000 flight hours after the effective date of the AD to ''within 30,000 flight hours or 72 months after the effective date of the proposed AD, whichever is later.'' UAL also asked that the repetitive interval be changed to ''intervals not to exceed 30,000 flight hours or 72 months.'' UAL stated that, '' . . . Boeing 747-400 MRB No. 28-022-04 requires the initial and repeat operational tests be performed at 1D (maintenance) interval.'' UAL added that the suggested change would provide an acceptable level of safety and provide operators some degree of flexibility in scheduling the required task. \n\tWe do not agree with the request to change the compliance time proposed in the SNPRM (77 FR 40307, July 9, 2012). Boeing Alert Service Bulletin 747-28A2330, dated April 2, 2012, has been revised to change the compliance time and clarify certain procedures in the Work Instructions. We reviewed Boeing Service Bulletin 747-28A2330, Revision 1, dated November 30, 2012, and we are not mandating the newly recommended compliance time in this AD; however, we are including Boeing Service Bulletin 747-28A2330, Revision 1, dated November 30, 2012, in paragraph (g) of this AD as an option to using the original issue of this service information for procedures to accomplish the required actions. \n\tWe partially agree with including a compliance time for low- utilization airplanes; however, adding a calendar time of 72 months would constitute a more restrictive compliance time and would necessitate issuing another supplemental NPRM, which would delay issuance of this final rule. We determined that the compliance time of ''within 30,000 flight hours or 6 years, whichever is first,'' as stated in Boeing Service Bulletin 747-28A2330, Revision 1, dated November 30, 2012, was changed to address low-utilization airplanes and will adequately address the unsafe condition identified. Therefore, we have not changed the AD in this regard. \n\nRequest To Correct Errors in Service Information \n\n\n\tUAL asked that a service bulletin information notice (IN) be issued to address two errors in Boeing Alert Service Bulletin 747-28A2330, dated April 2, 2012. UAL noted that the first error is the reserve tank identifications, and the second error is an airplane maintenance manual (AMM) procedure referred to in the Work Instructions that is not identified in UAL's AMM. UAL stated that issuing an IN would prevent alternative method of compliance (AMOC) requests from operators. \n\tWe acknowledge and agree with the commenter's concern. As noted previously, we reviewed Boeing Service Bulletin 747-28A2330, Revision 1, dated November 30, 2012, which clarifies the reserve tank identifications. We have added this service information as an option for accomplishing the actions required by paragraph (g) of this AD. However, the second error identified by UAL involves the instructions in operator-customized maintenance manuals published by Boeing. Therefore, UAL should contact Boeing for resolution of the missing procedure in its AMM. Operators need not request AMOC approvals to use Boeing Alert Service Bulletin 747-28A2330, dated April 2, 2012, with regard to these errors since compliance is not affected. \n\nRequest to Allow Alternative Procedures for Performing Operational Test \n\n\n\tUAL asked that paragraph (g) of the SNPRM (77 FR 40307, July 9, 2012) be changed to allow alternative procedures for performing the operational test instead of using the procedures provided in Boeing Alert Service Bulletin 747-28A2330, dated April 2, 2012. UAL stated that an alternative test is specified in the Boeing Model 747-400 AMM 28-22-00, Task 28-22-00-710-801, titled ''Engine Fuel Suction Feed-- Operational Test.'' UAL also asked that the procedure specified in AMM Task 28-22-07-706-200, titled ''Engine Fuel Feed Manifold Air Pressure Leak Check,'' be included as an alternative procedure. \n\tWe do not agree with the commenter's request, but provide the following clarification. The manifold leak test is not equivalent to the operational test for the purposes of this AD action. The positive internal fuel line pressure applied during the manifold test does not simulate the same conditions encountered during fuel suction feed (i.e., vacuum), and might mask a failure. The action mandated by this AD is necessary in order to screen for system deterioration under suction feed conditions. Based on current requirements, a fuel suction feed test is required after reconnecting the fuel line to the manifold to verify final system integrity. Therefore, we have not changed the AD in this regard. \n\nRequest for Additional Step in Operational Test \n\n\n\tUPS asked that we add a tolerance to the operational test for Steps 10.a and 10.c for the N1, N2, and ''Fuel Flow Decrease Monitoring.'' (UPS stated that this follows the procedures in the referenced service information.) UPS is concerned that the engine parameters monitored using Step 10 might have slight (normal) fluctuations due to external effects, such as wind gusts, which could lead to a false test failure. \n\tWe do not agree with the commenter's request. These defined criteria were taken directly from approved AMMs that describe similar testing. These criteria have been used for a very long time with no negative feedback or requests for a similar (wider) tolerance band. In light of these facts, we have made no change to the AD in this regard. \n\nRequest to Provide Credit for Previously Accomplished Operational Tests \n\n\n\tUAL asked that the SNPRM (77 FR 40307, July 9, 2012) be changed to provide credit for operational tests of the engine fuel suction system previously accomplished as specified in MRB Task 28-022-04, titled ''Operational Check of the Engine Fuel Suction Feed System.'' UAL stated that it has incorporated this MRB task into its maintenance program at the MRB recommended level. UAL inferred that other operators of Model 747-400 airplanes have done the same. \n\tWe agree that credit might be appropriate for operator equivalent procedures; however, we do not agree with defining this credit within the AD. \n\n((Page 39573)) \n\nAffected operators may request approval of an AMOC under the provisions of paragraph (h) of this AD by submitting data substantiating that the equivalent procedures would provide an acceptable level of safety. We have not changed the AD in this regard. \n\nConclusion \n\n\n\tWe reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting the AD with the change described previously- and minor editorial changes. We have determined that these minor changes: \n\tAre consistent with the intent that was proposed in the SNPRM (77 FR 40307, July 9, 2012) for correcting the unsafe condition; and \n\tDo not add any additional burden upon the public than was already proposed in the SNPRM (77 FR 40307, July 9, 2012). \n\tWe also determined that this change will not increase the economic burden on any operator or increase the scope of the AD. \n\nCosts of Compliance \n\n\n\tWe estimate that this AD affects 79 airplanes of U.S. registry. \n\tWe estimate the following costs to comply with this AD: \n\n\n\tEstimated Costs ---------------------------------------------------------------------------------------------------------------- \n\tAction Labor cost Cost per product Cost on U.S. operators ---------------------------------------------------------------------------------------------------------------- Operational Test..................... 3 work-hours x $85 per $1,020, per test....... $80,580, per test. \n\thour = $255 per \n\tengine, per test. ---------------------------------------------------------------------------------------------------------------- \n\n\n\tWe have received no definitive data that would enable us to provide a cost estimate for the on-condition actions specified in this AD. \n\nAuthority for this Rulemaking \n\n\n\tTitle 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. \n\tWe 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. \n\nRegulatory Findings \n\n\n\tThis 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. \n\tFor the reasons discussed above, I certify that this AD: \n\t(1) Is not a ''significant regulatory action'' under Executive Order 12866, \n\t(2) Is not a ''significant rule'' under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979), \n\t(3) Will not affect intrastate aviation in Alaska, and \n\t(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. \n\nList of Subjects in 14 CFR Part 39 \n\n\n\tAir transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.