[Federal Register Volume 70, Number 152 (Tuesday, August 9, 2005)]
[Rules and Regulations]
[Pages 46074-46076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15587]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20799; Directorate Identifier 2004-NM-264-AD; 
Amendment 39-14212; AD 2005-16-07]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 727 Airplanes

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 all 
Boeing Model 727 airplanes. This AD requires determining whether any 
float switches are installed in the fuel tanks, and corrective actions 
if necessary. This AD results from reports of contamination of the 
fueling float switch by moisture or fuel, and chafing of the float 
switch wiring against the fuel tank conduit. We are issuing this AD to 
prevent such contamination and chafing, which could present an ignition 
source inside the fuel tank that could cause a fire or explosion.

DATES: Effective September 13, 2005.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of September 13, 
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.
    Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, 
Washington 98124-2207, for service information identified in this AD.

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 on the Internet at http://dms.dot.gov 
or 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.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would apply to all Boeing Model 727 
airplanes. That NPRM was published in the Federal Register on April 4, 
2005 (70 FR 16979). That NPRM proposed to require determining whether 
any float switches are installed in the fuel tanks, and corrective 
actions if necessary.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments that have been 
received on the NPRM.

Support for Proposed AD

    One commenter, the airplane manufacturer, concurs with the content 
of the proposed AD.

Request To Change Applicability

    One commenter asks that the applicability specified in the proposed 
AD be limited to Boeing Model 727 airplanes that have float switches 
installed. The commenter states that the effectivity of the proposed AD 
will encompass all Boeing Model 727-100 airplanes operated by them, 
even though Model 727-100 airplanes are not included in the effectivity 
specified in the service bulletin referenced in the proposed AD. The 
commenter adds that the effectivity in the referenced service bulletin 
is limited to airplanes with factory installed auxiliary fuel tanks; 
the design for Model 727-100 airplanes does not include float switches 
in the main fuel tanks because those airplanes utilize the Volumetric 
Top-Off system instead. The commenter realizes that we are concerned 
that the effectivity of the referenced service bulletin may not 
encompass all possible scenarios involving the subject float switches, 
as stated in the Supplementary Information section of the proposed AD. 
In consideration of this concern, the commenter notes that the 
effectivity of the proposed AD can be reduced to include only airplanes 
where the design, as delivered or modified, utilizes float switches in 
the airplane fuel tanks. The commenter adds that, the requested change 
has no effect on safety, but does remove the burden of showing 
compliance to a known non-applicable configuration.
    We do not agree with the commenter. The planning information 
specified in the referenced service bulletin identifies only Boeing 
Model 727-100 airplanes delivered with two auxiliary fuel tanks 
installed. However, the effectivity specified in the service bulletin 
identifies all Boeing Model 727-100 and -200 airplanes with active 
Boeing fueling float switch shutoff systems installed. We point out 
that the subject of this AD is the float switch itself--regardless of 
the airplane model on which it is installed. To help operators 
determine if a particular airplane is subject to this AD, we have 
included all airplane models on which the float switch may be installed 
in the applicability of this AD. However, operators must determine if 
the float switch is installed on their airplanes. As specified in the 
AD, this determination can be made by a review of airplane maintenance 
records, instead of an inspection of the fuel tanks; such a

[[Page 46075]]

review would not result in an undue burden to operators. We have made 
no change to the final rule in this regard.

Explanation of Change to Applicability

    We have revised the applicability of the proposed AD to identify 
model designations as published in the most recent type certificate 
data sheet for the affected models.

Conclusion

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

Costs of Compliance

    There are about 1,300 airplanes of the affected design in the 
worldwide fleet. This AD affects about 800 airplanes of U.S. registry.
    The inspections (for presence and model of float switch) take about 
1 work hour, at an average labor rate of $65 per hour. Based on these 
figures, the estimated cost of the inspections for U.S. operators is 
$52,000, or $65 per airplane.
    The following table provides the estimated costs for U.S. operators 
to replace the float switches, if necessary. We estimate that about 162 
airplanes may require parts replacement.

                                                                     Estimated Costs
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                                                                                             Number of                Average
                 Airplane group                                Airplane model                auxiliary  Work hours    hourly       Parts       Cost per
                                                                                            fuel tanks              labor rate                 airplane
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1..............................................  727-200                                             0          27         $65       $4,174       $5,929
2..............................................  727-200                                             1           9          65        1,542        2,127
3..............................................  727-200                                             2          14          65        3,108        4,018
4..............................................  727-200                                             3          18          65        4,626        5,796
5..............................................  727-200                                             4          23          65        6,168        7,663
6..............................................  727-100                                             2          14          65        3,079        3,989
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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 and placed it in the AD docket. See the ADDRESSES 
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):


2005-16-07 Boeing: Amendment 39-14212. Docket No. FAA-2005-20799; 
Directorate Identifier 2004-NM-264-AD.

Effective Date

    (a) This AD becomes effective September 13, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Boeing Model 727, 727C, 727-100, 727-
100C, 727-200, and 727-200F series airplanes, certificated in any 
category.

Unsafe Condition

    (d) This AD was prompted by reports of contamination of the 
fueling float switch by moisture or fuel, and chafing of the float 
switch wiring against the fuel tank conduit. We are issuing this AD 
to prevent such contamination and chafing, which could present an 
ignition source inside the fuel tank that could cause a fire or 
explosion.

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.

Inspection for Float Switches

    (f) Within 48 months after the effective date of this AD, 
inspect the wing and auxiliary fuel tanks to determine if any float 
switches are present. Instead of an inspection of the fuel tanks, a 
review of airplane maintenance records is acceptable if the presence 
of any float switch can be conclusively determined from that review.
    (1) If no float switches are present: No further work is 
required by this paragraph.
    (2) If any float switch is present: Before further flight, 
inspect to identify the float switch models. Instead of an 
inspection of the fuel tanks, a review of airplane maintenance 
records is acceptable if the

[[Page 46076]]

identity of the float switch can be conclusively determined from 
that review.
    (i) If a float switch other than an Ametek Model F8300-146 float 
switch is installed: Before further flight, install a liner system 
inside the float switch electrical cable conduit in the fuel tanks 
by doing all applicable actions specified in the Accomplishment 
Instructions of Boeing Alert Service Bulletin 727-28A0127, dated 
August 26, 2004.
    (ii) If any Ametek Model F8300-146 float switch is installed: 
Before further flight, replace it with a new switch and install a 
liner system inside the float switch electrical cable conduit in the 
fuel tanks, by doing all applicable actions specified in the 
Accomplishment Instructions of Boeing Alert Service Bulletin 727-
28A0127, dated August 26, 2004.

    Note 1: Boeing Alert Service Bulletin 727-28A0127 segregates the 
work into nine work packages for the six fuel tank configurations 
identified in the service bulletin. The work packages do not have to 
be completed sequentially. Each work package can be done 
independently or simultaneously. However, all work packages, as 
applicable for each fuel tank configuration, must be done to 
complete the requirements of this AD.

Parts Installation

    (g) As of the effective date of this AD, no person may install 
an Ametek Model F8300-146 float switch in a fuel tank on any 
airplane.

Alternative Methods of Compliance (AMOCs)

    (h) 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

    (i) You must use Boeing Alert Service Bulletin 727-28A0127, 
dated August 26, 2004, to perform the actions that are required by 
this AD, unless the AD specifies otherwise. The Director of the 
Federal Register approved the incorporation by reference of this 
document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, 
Washington 98124-2207 for a copy of this service information. You 
may review copies at the Docket Management Facility, U.S. Department 
of Transportation, 400 Seventh Street SW., Room PL-401, Nassif 
Building, Washington, DC; on the internet at http://dms.dot.gov; or 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at the NARA, call 
(202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on July 29, 2005.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.

[FR Doc. 05-15587 Filed 8-8-05; 8:45 am]
BILLING CODE 4910-13-P