[Federal Register Volume 74, Number 181 (Monday, September 21, 2009)]
[Rules and Regulations]
[Pages 48007-48009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22575]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1325; Directorate Identifier 2008-NM-157-AD; 
Amendment 39-16024; AD 2009-20-01]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 727-281 Airplanes Equipped 
With Auxiliary Fuel Tanks Installed in Accordance With Supplemental 
Type Certificate SA3449NM

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Boeing Model 727-281 airplanes. This AD requires deactivation of 
Rogerson Aircraft Corporation auxiliary fuel tanks. This AD results 
from fuel system reviews conducted by the manufacturer, which 
identified potential unsafe conditions but has not provided associated 
corrective actions. We are issuing this AD to prevent the potential of 
ignition sources inside fuel tanks, which, in combination with 
flammable fuel vapors, could result in fuel tank explosions and 
consequent loss of the airplane.

DATES: This AD is effective October 26, 2009.

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 AD, the regulatory evaluation, 
any comments received, and other information. The address for the 
Docket Office (telephone 800-647-5527) is the Document Management 
Facility, U.S. Department of Transportation, Docket Operations, M-30, 
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., 
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Serj Harutunian, Aerospace Engineer, 
Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; 
telephone (562) 627-5254; fax (562) 627-5210.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an airworthiness directive (AD) that would apply to 
certain Boeing Model 727-281 airplanes. That NPRM was published in the 
Federal Register on December 23, 2008 (73 FR 78675). That NPRM proposed 
to require deactivation of Rogerson Aircraft Corporation auxiliary fuel 
tanks.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comment received. Boeing supports the NPRM.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting the 
AD as proposed.

Costs of Compliance

    This AD would affect about 17 U.S.-registered airplanes. The 
following table provides the estimated costs to comply with this AD.

[[Page 48008]]



                                                                     Estimated Costs
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                                                          Average labor                                  Cost per
                 Action                    Work hours     rate per hour             Parts                airplane                 Fleet cost
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Report.................................               1             $80  None.......................             $80  $1,360.
Preparation of tank deactivation                     80              80  None.......................           6,400  Up to $108,800.
 procedure.
Physical tank deactivation.............              30              80  $1,200.....................           3,600  Up to $61,200.
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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

    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.
    You can find our regulatory evaluation and the estimated costs of 
compliance in the AD Docket.

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 AD:

2009-20-01 Boeing: Amendment 39-16024. Docket No. FAA-2008-1325; 
Directorate Identifier 2008-NM-157-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective October 26, 
2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 727-281 airplanes, 
certificated in any category, and equipped with auxiliary fuel tanks 
installed in accordance with Supplemental Type Certificate (STC) 
SA3449NM.

Unsafe Condition

    (d) This AD results from fuel system reviews conducted by the 
manufacturer. We are issuing this AD to prevent the potential of 
ignition sources inside fuel tanks, which, in combination with 
flammable fuel vapors, could result in fuel tank explosions and 
consequent loss of the airplane.

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.

Report

    (f) Within 60 days after the effective date of this AD, submit a 
report to the Manager, Los Angeles Aircraft Certification Office 
(ACO), FAA. Information collection requirements in this AD are 
approved by the Office of Management and Budget (OMB) under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.) 
and are assigned OMB Control Number 2120-0056. The report must 
include the following information:
    (1) The airplane registration and auxiliary tank STC number 
installed.
    (2) The usage frequency in terms of total number of flights per 
year and total number of flights for which the auxiliary tank is 
used.

Prevent Usage of Auxiliary Fuel Tanks

    (g) Within 90 days after the effective date of this AD, 
deactivate the auxiliary fuel tanks, in accordance with a 
deactivation procedure approved by the Manager of the Los Angeles 
ACO. Any auxiliary tank component that remains on the airplane must 
be secured and must have no effect on the continued operational 
safety and airworthiness of the airplane. Deactivation may not 
result in the need for additional instructions for continued 
airworthiness.

    Note 1: Appendix A of this AD provides criteria that might need 
to be included in the deactivation procedure. Timely approval is 
dependent on early submittal of the deactivation procedures.


    Note 2:  For technical information, contact Dan Zevallos, 
Director of Program Management, Rogerson Aircraft Corporation, 2201 
Alton Parkway, Irvine, California 92606; telephone (949) 442-2306; 
fax (949) 442-2322.

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, Los Angeles ACO, FAA, has the authority to 
approve AMOCs for this AD, if requested using the procedures found 
in 14 CFR 39.19. Send information to ATTN: Serj Harutunian, 
Aerospace Engineer, Propulsion Branch, ANM-140L, FAA, Los Angeles 
Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, 
California 90712-4137; telephone (562) 627-5254; fax (562) 627-5210.
    (2) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office. 
The AMOC approval letter must specifically reference this AD.

Material Incorporated by Reference

    (i) None.

Appendix A

Deactivation Criteria

    The auxiliary fuel tank deactivation procedure required by 
paragraph (g) of this AD might need to address the following 
actions.
    (1) Permanently drain auxiliary fuel tanks, and clear them of 
fuel vapors to eliminate the possibility of out-gassing of fuel 
vapors from the emptied auxiliary tank.

    Note: If applicable, removing the bladder might help eliminate 
out-gassing.


[[Page 48009]]


    (2) Disconnect all electrical connections from the fuel quantity 
indication system (FQIS), fuel pumps if applicable, float switches, 
and all other electrical connections required for auxiliary tank 
operation, and stow them at the auxiliary tank interface.
    (3) Disconnect all pneumatic connections if applicable, cap them 
at the pneumatic source, and secure them.
    (4) Disconnect all fuel feed and fuel vent plumbing interfaces 
with airplane original equipment manufacturer (OEM) tanks, cap them 
at the airplane tank side, and secure them in accordance with a 
method approved by the FAA; one approved method is specified in AC 
25-8 Auxiliary Fuel Tank Systems Installations. In order to 
eliminate the possibility of structural deformation during cabin 
decompression, leave open and secure the disconnected auxiliary fuel 
tank vent lines.
    (5) Pull and collar all circuit breakers used to operate the 
auxiliary tank.
    (6) Revise the weight and balance document, if required, and 
obtain FAA approval.
    (7) Amend the applicable sections of the applicable airplane 
flight manual (AFM) to indicate that the auxiliary fuel tank is 
deactivated. Remove auxiliary fuel tank operating procedures to 
ensure that only the OEM fuel system operational procedures are 
contained in the AFM. Amend the Limitations Section of the AFM to 
indicate that the AFM Supplement for the STC is not in effect. Place 
a placard in the flight deck indicating that the auxiliary tank is 
deactivated. The AFM revisions specified in this paragraph may be 
accomplished by inserting a copy of this AD into the AFM.
    (8) Amend the applicable sections of the applicable airplane 
maintenance manual to remove auxiliary tank maintenance procedures.
    (9) After the auxiliary fuel tank is deactivated, accomplish 
procedures such as leak checks and pressure checks deemed necessary 
before returning the airplane to service. These procedures must 
include verification that the airplane FQIS and fuel distribution 
systems have not been adversely affected.
    (10) Include with the operator's proposed procedures any 
relevant information or additional steps that are deemed necessary 
by the operator to comply with the deactivation and return the 
airplane to service.


    Issued in Renton, Washington, on September 11, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-22575 Filed 9-18-09; 8:45 am]
BILLING CODE 4910-13-P