[Federal Register Volume 70, Number 125 (Thursday, June 30, 2005)]
[Rules and Regulations]
[Pages 37659-37661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12844]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20355; Directorate Identifier 2004-NM-198-AD; 
Amendment 39-14177; AD 2005-13-40]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 727 Airplanes, Equipped 
With an Auxiliary Fuel Tank Having a Fuel Pump Installed

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

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
Boeing Model 727 airplanes equipped with an auxiliary fuel tank having 
a fuel pump installed. This AD requires revising the airplane flight 
manual to include limitations on operating the fuel pumps for the 
auxiliary fuel tank. This AD is prompted by a design review of the fuel 
pump installation, which revealed a potential unsafe condition related 
to the auxiliary fuel tank(s). We are issuing this AD to prevent dry 
operation of the fuel pumps for the auxiliary fuel tank, which could 
create a potential ignition source inside the auxiliary fuel tank that 
could result in a fire or explosion of the auxiliary fuel tank.

DATES: This AD becomes effective August 4, 2005.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street SW., Nassif Building, 
Room PL-401, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Sulmo Mariano, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone 
(425) 917-6501; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Examining the Docket

    You may examine the AD docket in person at the Docket Management 
Facility office between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The Docket Management Facility office 
(telephone (800) 647-5227) is located on the plaza level of the Nassif 
Building at the street address stated in the ADDRESSES section. This 
docket number is FAA-2005-20355; the directorate identifier for this 
docket is 2004-NM-198-AD.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would apply to Boeing Model 727 
airplanes equipped with an auxiliary fuel tank having a fuel pump 
installed. That NPRM was published in the Federal Register on February 
15, 2005 (70 FR 7695). That NPRM proposed to require revising the 
airplane flight manual (AFM) to include limitations on operating the 
fuel pumps for the auxiliary fuel tank.

Comments

    We provided the public the opportunity to participate in the

[[Page 37660]]

development of this AD. We have considered the comments that have been 
submitted on the proposed AD.

Support for the Proposed AD

    One commenter supports the proposed AD.

Request To Withdraw Proposed AD

    One commenter notes that Revision 47 to the Boeing 727 AFM, dated 
May 17, 2004, includes procedural changes that are similar to the 
information that the proposed AD would require be inserted into the 
Limitations section of the AFM. The commenter feels that the 
requirements of the proposed AD are adequately addressed by 
incorporating Revision 47 to the AFM and that it would be more 
appropriate for the new information to be placed in the Normal 
Procedures section of the AFM rather than the Limitations section.
    We do not agree. The wording in paragraph (f) of this AD is not 
identical to that in Revision 47 to the Boeing 727 AFM. Revision 47 
contains a note that would allow the auxiliary tank pump(s) to remain 
``on'' in certain situations. We find that the auxiliary tank pumps 
must be switched off immediately when the respective auxiliary tank 
fuel pump low pressure light illuminates. Thus, to ensure that the 
unsafe condition is adequately addressed, we find it necessary to 
require that the information specified in paragraph (f) of this AD be 
included in the Limitations section of the AFM, as proposed. Further, 
the limitation section of the AFM is the only section that is mandatory 
for operators. The unsafe condition which this AD is intended to 
correct is of such significance to necessitate mandating the procedure. 
We have not changed the final rule in this regard.

Request to Clarify Wording of AFM Revision

    The same commenter requests that we revise paragraph (f) to be 
consistent with similar wording in Revision 47 to the Boeing 727 AFM. 
The commenter notes that paragraph (f) of the proposed AD states 
``Auxiliary tank fuel pump switches must not be positioned `ON* * *,' 
'' and ``Auxiliary tank(s) fuel pumps must not be `ON* * *.' '' The 
commenter points out that the wording for the same instructions in 
Revision 47 of the AFM states that the ``pumps must be off.''
    We agree. We find that the wording referenced by the commenter is 
clearer, though the meaning is the same. We have revised paragraph (f) 
of this AD accordingly.

Request To Clarify Intent of Proposed AD

    The same commenter states that is unclear if the intent of the 
proposed AD is to delete Note [1] in Revision 47 of the AFM, which 
states:

    ``If an auxiliary tank fuel pump LOW PRESSURE light illuminates 
during takeoff or climb, the auxiliary tank pump(s) may remain on 
until the climb attitude is reduced and the light(s) extinguishes or 
workload allows for pump(s) to be positioned `OFF.' ''

The commenter notes that this statement qualifies the preceding 
statement in Revision 47 of the AFM: ``Each auxiliary tank fuel pump 
switch must be positioned `OFF' without delay when the respective 
auxiliary tank fuel pump low pressure light illuminates.'' The 
commenter opines that this note should be retained as it does have 
value in certain situations. The commenter recommends that, if the FAA 
intends to delete the note, the proposed wording should be revised to 
clearly state this intent.
    We agree with the commenter's request to clarify our intent. Our 
intent was that this qualifying note should not be included in the AFM 
revision required by paragraph (f) of this AD. As stated previously, we 
do not agree with the note in Revision 47 to which the commenter refers 
because we have determined that, to prevent dry operation of the fuel 
pumps for the auxiliary fuel tank, the affected auxiliary tank pumps 
must be switched off without delay when the auxiliary tank fuel pump 
low pressure light illuminates. We have revised paragraph (f) of this 
AD to clarify that we intend no exceptions to the requirement to switch 
off each auxiliary tank fuel pump as soon as the applicable low 
pressure light illuminates.

Explanation of Additional Editorial Change

    We have revised the second paragraph of the AFM revision specified 
in paragraph (f) of this AD to read, ``When established in a level 
attitude at cruise, if the auxiliary tank(s) contain usable fuel and 
the auxiliary tank(s) pump switches are `OFF,' the auxiliary tank(s) 
pump switches should be positioned `ON' again.'' The word ``pump'' was 
inadvertently omitted in this statement in the proposed AD.

Conclusion

    We have carefully reviewed the available data, including the 
comments that have been submitted, and determined that air safety and 
the public interest require adopting the AD with the changes described 
previously. We have determined that these changes will neither increase 
the economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    There are about 300 airplanes of the affected design in the 
worldwide fleet. This AD will affect about 200 airplanes of U.S. 
registry. The AFM revision will take about 1 work hour per airplane, at 
an average labor rate of $65 per work hour. Based on these figures, the 
estimated cost of the AD for U.S. operators is $13,000, or $65 per 
airplane.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
subtitle VII, part A, subpart III, section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD will not have a 
substantial direct effect on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and
    (3) 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD. See the ADDRESSES section for a location to 
examine the regulatory evaluation.

[[Page 37661]]

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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):

2005-13-40 Boeing: Amendment 39-14177. Docket No. FAA-2005-20355; 
Directorate Identifier 2004-NM-198-AD.

Effective Date

    (a) This AD becomes effective August 4, 2005.

Affected ADs

    (b) None.
    Applicability: (c) This AD applies to Boeing Model 727, 727C, 
727-100, 727-100C, 727-200, and 727-200F series airplanes; 
certificated in any category; equipped with an auxiliary fuel tank 
having a fuel pump installed.

Unsafe Condition

    (d) This AD was prompted by a design review of the fuel pump 
installation, which revealed a potential unsafe condition related to 
the auxiliary fuel tank(s). We are issuing this AD to prevent dry 
operation of the fuel pumps for the auxiliary fuel tank, which could 
create a potential ignition source inside the auxiliary fuel tank 
that could result in a fire or explosion of the auxiliary fuel tank.
    Compliance: (e) You are responsible for having the actions 
required by this AD performed within the compliance times specified, 
unless the actions have already been done.

Airplane Flight Manual (AFM) Revision

    (f) Within 30 days after the effective date of this AD, revise 
the Limitations section of the Boeing 727 AFM to contain the 
following information. This may be done by inserting a copy of this 
AD in the AFM.

``Auxiliary Tank Fuel Pumps

    Auxiliary tank fuel pump switches must be positioned `OFF' 
unless the auxiliary tank(s) contain fuel. Auxiliary tank(s) fuel 
pumps must be `OFF' unless personnel are available in the flight 
deck to monitor low pressure lights.
    When established in a level attitude at cruise, if the auxiliary 
tank(s) contain usable fuel and the auxiliary tank(s) pump switches 
are `OFF,' the auxiliary tank(s) pump switches should be positioned 
`ON' again.
    Each auxiliary tank fuel pump switch must be positioned `OFF' 
without delay, for all conditions including takeoff and climb, when 
the respective auxiliary tank fuel pump low pressure light 
illuminates.''

    Note 1: When text identical to that in paragraph (f) of this AD 
has been included in the general revisions of the AFM, the general 
revisions may be inserted into the AFM, and the copy of this AD may 
be removed from the AFM.

Alternative Methods of Compliance (AMOCs)

    (g) The Manager, Seattle Aircraft Certification Office, FAA, has 
the authority to approve AMOCs for this AD, if requested in 
accordance with the procedures found in 14 CFR 39.19.

Material Incorporated by Reference

    (h) None.

    Issued in Renton, Washington, on June 21, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-12844 Filed 6-29-05; 8:45 am]
BILLING CODE 4910-13-P