[Federal Register Volume 74, Number 189 (Thursday, October 1, 2009)]
[Rules and Regulations]
[Pages 50690-50692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23508]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0646; Directorate Identifier 2007-NM-359-AD; 
Amendment 39-16031; AD 2009-20-08]
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 
certain Boeing Model 727 airplanes. This AD requires performing an 
operational test of the engine fuel suction feed of the fuel system, 
and other related testing and corrective actions if necessary. This AD 
results from a report of in-service occurrences of loss of fuel system 
suction feed capability, followed by total loss of pressure of the fuel 
feed system. We are issuing this AD to detect and correct failure of 
the engine fuel suction feed capability of the fuel system, which could 
result in multi-engine flameout, inability to restart the engines, and 
consequent forced landing of the airplane.

DATES: This AD becomes effective November 5, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of November 5, 
2009.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1, fax 206-766-5680; e-mail [email protected]; 
Internet https://www.myboeingfleet.com.

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: Sue Lucier, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone 
(425) 917-6438; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION: 

Discussion

    The FAA issued a supplemental notice of proposed rulemaking (NPRM) 
to amend 14 CFR part 39 to include an AD that would apply to certain 
Boeing Model 727 airplanes. That supplemental NPRM was published in the 
Federal Register on December 10, 2008 (73 FR 75009). That supplemental 
NPRM proposed to require performing an operational test of the engine 
fuel suction feed of the fuel system, and other related testing and 
corrective actions if necessary. That supplemental NPRM also proposed 
to reduce the compliance time for low-utilization airplanes.

Comments

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

Support for the AD

    Boeing concurs with the content of the supplemental NPRM.

Request for Credit for Certain Actions in AD 2007-11-08

    FedEx Express states that the operational test of the engine fuel 
suction feed of the fuel system, provided in Boeing Service Bulletin 
727-28-80, dated June 21,1985, and specified in paragraph (f) of the 
supplemental NPRM, seems to be equivalent to the operational test 
required by AD 2007-11-08, amendment 39-15065 (72 FR 28594, May 22, 
2007). We referred to Boeing Alert Service Bulletin 727-28-A0132, dated 
February 22, 2007, as the appropriate source of service information for 
doing certain requirements (including an operational test) in AD 2007-
11-08. FedEx Express believes that the supplemental NPRM

[[Page 50691]]

accomplishes the same operational test as AD 2007-11-08.
    From this comment, we infer that FedEx Express is requesting that 
we give credit in this AD for operational tests done in accordance with 
Boeing Alert Service Bulletin 727-28-A0132, dated February 22, 2007, as 
required by AD 2007-11-08. We agree. The operational test specified in 
Boeing Alert Service Bulletin 727-28-A0132, dated February 22, 2007; 
and Boeing Service Bulletin 727-28-80, dated June 21, 1985; are 
equivalent procedures found in the Boeing 727 airplane maintenance 
manual (AMM). Therefore, we have added a new paragraph (g) to this AD, 
and reidentified subsequent paragraphs accordingly, to give credit for 
operational tests done in accordance with AD 2007-11-08.

Request for Clarification of Compliance With Special Federal Aviation 
Regulation 88 (SFAR 88) Requirements

    FedEx Express asks if Boeing has reviewed and identified any 
critical design configuration control limitations (CDCCLs) items in 
Boeing Service Bulletin 727-28-80, dated June 21, 1985.
    From this question, we infer that FedEx Express is asking for 
clarification of whether this AD is compliant with SFAR 88. We reviewed 
Boeing Service Bulletin 727-28-80, and found that the actions specified 
do not change the airplane type design. During SFAR 88 evaluations, the 
original design in this area was not identified as one requiring a 
CDCCL to comply with the SFAR 88 requirements. Therefore, there are no 
SFAR 88 CDCCLs associated with Boeing Service Bulletin 727-28-80, dated 
June 21, 1985, or this AD. We have made no change to the AD in this 
regard.

Request for Clarification of Functional Test

    FedEx Express states that page 24, Step G., of Boeing Service 
Bulletin 727-28-80, dated June 21, 1985, specifies performing a 
functional test per the Boeing 727 AMM. FedEx Express notes that there 
is no functional test specified in the current Boeing 727 AMM.
    From this statement, we infer that FedEx Express is requesting 
clarification of the functional test that is provided in Boeing Service 
Bulletin 727-28-80. We have reviewed Subject 28-22-0 of the Boeing 727 
AMM, and have determined that the title of the functional test 
specified in the AMM has changed from ``Engine Fuel Feed System 
Functional Test'' to ``Engine Fuel Suction Feed--Operational Test.'' 
Although the title of this action has changed, we have confirmed that 
doing the operational test, as specified in Boeing Service Bulletin 
727-28-80, fulfills the functional test requirements of this AD. We 
have not changed the AD in this regard.

Request for Clarification of AD Requirements

    FedEx Express asks for clarification of whether the current actions 
in the supplemental NPRM are applicable to airplanes on which the 
auxiliary fuel tanks have been removed and/or deactivated.
    We agree that clarification in this regard is necessary. The 
effectivity of Boeing Service Bulletin 727-28-80, dated June 21, 1985, 
has been divided into airplane groups to reflect different engine fuel 
feed systems and fuel tank configurations based on the original type 
certificate configuration. The work instructions of Boeing Service 
Bulletin 727-28-80, dated June 21, 1985, do not address airplane 
configurations on which the auxiliary fuel tanks have been removed or 
deactivated.
    Regardless, as provided in sections 39.15 through 39.21 of the 
Federal Aviation Regulations (14 CFR 39.15 through 39.21), an AD 
applies to each product identified in the AD, even if an individual 
product has been changed in the area addressed by the AD. If a change 
in a product affects an operator's ability to accomplish actions 
required by the AD, the operator must request approval of an 
alternative method of compliance (AMOC). According to the provisions of 
paragraph (i) of this AD, we may approve a request to allow an AMOC to 
the requirements of this AD for airplanes that have had the auxiliary 
fuel tanks removed or deactivated, if the request includes data that 
show that it would provide an acceptable level of safety. We have not 
changed the AD in this regard.

Request to Change Compliance Time

    FedEx Express states that the repetitive detailed inspections and 
engine fuel suction feed operational tests in AD 2007-11-08 are 
required at intervals not to exceed 15,000 flight cycles, whereas the 
repetitive operational tests in the supplemental NPRM are required at 
intervals not to exceed 7,000 flight hours or 18 months, whichever 
occurs first. FedEx Express adds that the operational test in the 
supplemental NPRM would be repeated twice as often within those time 
periods.
    From these statements, we infer that FedEx Express is asking that 
the repetitive intervals in the supplemental NPRM be changed to match 
the repetitive intervals in AD 2007-11-08. We do not agree. The 
requirements in AD 2007-11-08 mandate inspection for wear or chafing of 
the aluminum conduit of the fuel boost pump. That AD was issued after 
an outboard fuel tank exploded due to arcing of the wire against the 
metal conduit. The intervals for the suction feed check in that AD 
coincide with re-inspection of the wire bundles. In addition, the 
latent failure condition addressed in the supplemental NPRM was re-
analyzed based on allowable failure rates to preclude unsafe system 
performance, while taking into account the timing of heavy maintenance 
checks. Although the repetitive interval in the supplemental NPRM does 
equate to performing the test twice as often as the interval in AD 
2007-11-08, analysis indicates that doing the test at the proposed 
intervals is necessary to address the unsafe condition identified in 
this AD in a timely manner and to provide an acceptable level of 
safety. We have not changed the AD in this regard.

Conclusion

    We have carefully reviewed the available data, including the 
comments received, 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

    We estimate that this AD affects 709 airplanes of U.S. registry. We 
also estimate that it takes 1 work-hour per product, per test, to 
comply with this AD. The average labor rate is $80 per work-hour. Based 
on these figures, we estimate the cost of this AD to the U.S. operators 
to be $56,720, or $80 per product, per test.

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

[[Page 50692]]

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):

2009-20-08 Boeing: Amendment 39-16031. Docket No. FAA-2008-0646; 
Directorate Identifier 2007-NM-359-AD.

Effective Date

    (a) This AD becomes effective November 5, 2009.

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.

Unsafe Condition

    (d) This AD results from a report of in-service occurrences of 
loss of fuel system suction feed capability, followed by total loss 
of pressure of the fuel feed system. We are issuing this AD to 
detect and correct failure of the engine fuel suction feed of the 
fuel system, which could result in multi-engine flameout, inability 
to restart the engines, and consequent forced landing of the 
airplane.

Compliance

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

Operational Test/Other Specified Actions

    (f) Within 7,000 flight hours or 18 months after the effective 
date of this AD, whichever occurs first: Perform an operational test 
of the engine fuel suction feed of the fuel system, and perform all 
other related testing and corrective actions, as applicable, before 
further flight, in accordance with the Accomplishment Instructions 
of Boeing Service Bulletin 727-28-80, dated June 21, 1985. Repeat 
the operational test thereafter at intervals not to exceed 7,000 
flight hours or 36 months, whichever occurs first.

Credit for Actions Done in Accordance With AD 2007-11-08, Amendment 39-
15065

    (g) Operational tests of the engine fuel suction feed of the 
fuel system and follow-on corrective actions done in accordance with 
the requirements of AD 2007-11-08 are acceptable for compliance with 
the corresponding requirements of this AD if done within the 
compliance time specified in this AD.

Operator's Equivalent Procedure

    (h) If any discrepancy is found, and Boeing Service Bulletin 
727-28-80, dated June 21, 1985, specifies that certain actions 
(i.e., a vacuum test of the fuel feed system) may be accomplished 
using an operator's ``equivalent procedure'' (with substitute test 
equipment): The actions must be accomplished in accordance with 
Figure 4 of Boeing Service Bulletin 727-28-80, dated June 21, 1985.

Alternative Methods of Compliance (AMOCs)

    (i)(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. Send information to 
ATTN: Sue Lucier, Aerospace Engineer, Propulsion Branch, ANM-140S, 
FAA, Seattle ACO, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone (425) 917-6438; fax (425) 917-6590. Or, e-mail 
information to [email protected].
    (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

    (j) You must use Boeing Service Bulletin 727-28-80, dated June 
21, 1985, to do the actions required by this AD, unless the AD 
specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Boeing Commercial Airplanes, Attention: Data & Services Management, 
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 
206-544-5000, extension 1, fax 206-766-5680; e-mail 
[email protected]; Internet https://www.myboeingfleet.com.
    (3) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221 or 425-227-1152.
    (4) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at 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 September 18, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-23508 Filed 9-30-09; 8:45 am]
BILLING CODE 4910-13-P