[Federal Register Volume 74, Number 239 (Tuesday, December 15, 2009)]
[Rules and Regulations]
[Pages 66227-66230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29737]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1104; Directorate Identifier 2009-NM-167-AD; 
Amendment 39-16121; AD 2008-04-10 R1]
RIN 2120-AA64


Airworthiness Directives; The Boeing Company Model 727 Airplanes

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

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is revising an existing airworthiness directive (AD), 
which applies to all The Boeing Company Model 727 airplanes. That AD 
currently requires revising the FAA-approved maintenance program by 
incorporating new airworthiness limitations (AWLs) for fuel tank 
systems to satisfy Special Federal Aviation Regulation No. 88 
requirements. That AD also requires an initial inspection to phase in a 
certain repetitive AWL inspection, and repair if necessary. This AD 
clarifies the intended effect of the AD on spare and on-airplane fuel 
tank system components. This AD results from a design review of the 
fuel tank systems. We are issuing this AD to prevent the potential for 
ignition sources inside fuel tanks caused by latent failures, 
alterations, repairs, or maintenance actions, which, in combination 
with flammable fuel vapors, could result in a fuel tank explosion and 
consequent loss of the airplane.

DATES: This AD is effective December 30, 2009.
    On March 28, 2008 (73 FR 9668, February 22, 2008), the Director of 
the Federal Register approved the incorporation by reference of a 
certain publication listed in the AD.
    We must receive any comments on this AD by January 29, 2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    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 street address for 
the Docket Office (telephone 800-647-5527) is in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tom Thorson, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone 
(425) 917-6508; fax (425) 917-6590.

SUPPLEMENTARY INFORMATION:

Discussion

    On February 13, 2008, we issued AD 2008-04-10, amendment 39-15382 
(73 FR 9668, February 22, 2008). That AD applies to all The Boeing 
Company Model 727 airplanes. That AD requires revising the FAA-approved 
maintenance program by incorporating new airworthiness limitations 
(AWLs) for fuel tank systems to satisfy Special Federal Aviation 
Regulation No. 88 requirements. That AD also requires an initial 
inspection to phase in a certain repetitive AWL inspection, and repair 
if necessary. That AD resulted from a design review of the fuel tank 
systems. The actions specified in that AD are intended to prevent the 
potential for ignition sources inside fuel tanks caused by latent 
failures, alterations, repairs, or maintenance actions, which, in 
combination with flammable fuel

[[Page 66228]]

vapors, could result in a fuel tank explosion and consequent loss of 
the airplane.
    Critical design configuration control limitations (CDCCLs) are 
limitation requirements to preserve a critical ignition source 
prevention feature of the fuel tank system design that is necessary to 
prevent the occurrence of an unsafe condition. The purpose of a CDCCL 
is to provide instruction to retain the critical ignition source 
prevention feature during configuration change that may be caused by 
alterations, repairs, or maintenance actions. A CDCCL is not a periodic 
inspection.

Actions Since AD Was Issued

    Since we issued that AD, we have determined that it is necessary to 
clarify the AD's intended effect on spare and on-airplane fuel tank 
system components, regarding the use of maintenance manuals and 
instructions for continued airworthiness.
    Section 91.403(c) of the Federal Aviation Regulations (14 CFR 
91.403(c)) specifies the following:

    No person may operate an aircraft for which a manufacturer's 
maintenance manual or instructions for continued airworthiness has 
been issued that contains an airworthiness limitation section unless 
the mandatory * * * procedures * * * have been complied with.

Some operators have questioned whether existing components affected by 
the new CDCCLs must be reworked. We did not intend for the AD to 
retroactively require rework of components that had been maintained 
using acceptable methods before the effective date of the AD. Owners 
and operators of the affected airplanes therefore are not required to 
rework affected components identified as airworthy or installed on the 
affected airplanes before the required revisions of the FAA-approved 
maintenance program. But once the CDCCLs are incorporated into the FAA-
approved maintenance program, future maintenance actions on components 
must be done in accordance with those CDCCLs.

FAA's Determination and Requirements of This AD

    The unsafe condition described previously is likely to exist or 
develop on other airplanes of the same type design. For this reason, we 
are issuing this AD to revise AD 2008-04-10. This new AD retains the 
requirements of the existing AD, and adds a new note to clarify the 
intended effect of the AD on spare and on-airplane fuel tank system 
components.

Explanation of Additional Change to AD

    AD 2008-04-10 allowed the use of alternative inspections, 
inspection intervals, and CDCCLs if they are part of a later revision 
of the Boeing 727-100/200 Airworthiness Limitations (AWLs), D6-8766-
AWL, dated March 2006. AD 2008-04-10 also allowed use of later 
revisions of Boeing 727-100/200 Airworthiness Limitations (AWL), D6-
8766-AWL, dated March 2006. Those provisions have been removed from 
this AD. Allowing the use of a ``later revision'' of a specific service 
document violates Office of the Federal Register regulations for 
approving materials that are incorporated by reference. Affected 
operators, however, may request approval to use a later revision or an 
alternative inspection, inspection interval, or CDCCL that is part of a 
later revision of the referenced service document as an alternative 
method of compliance, under the provisions of paragraph (j) of this AD.

Costs of Compliance

    This revision imposes no additional economic burden. The current 
costs for this AD are repeated for the convenience of affected 
operators, as follows:
    There are about 530 airplanes of the affected design in the 
worldwide fleet. The following table provides the estimated costs, at 
an average labor rate of $80 per work hour, for U.S. operators to 
comply with this AD.

                                                 Estimated Costs
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                                                                                  Number of U.S.-
             Action                 Work hours         Parts         Cost per       registered      Fleet cost
                                                                     airplane        airplanes
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Maintenance program revision....               8            None            $640             272        $174,080
Inspection......................               8            None             640             272         174,080
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FAA's Justification and Determination of the Effective Date

    This revision merely clarifies the intended effect on spare and on-
airplane fuel tank system components, and makes no substantive change 
to the AD's requirements. For this reason, it is found that notice and 
opportunity for prior public comment for this action are unnecessary, 
and good cause exists for making this amendment effective in less than 
30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not provide you with notice and an opportunity to 
provide your comments before it becomes effective. However, we invite 
you to send any written data, views, or arguments about this AD. Send 
your comments to an address listed under the ADDRESSES section. Include 
``Docket No. FAA-2009-1104; Directorate Identifier 2009-NM-167-AD'' at 
the beginning of your comments. We specifically invite comments on the 
overall regulatory, economic, environmental, and energy aspects of this 
AD. We will consider all comments received by the closing date and may 
amend this AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

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

[[Page 66229]]

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 the regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the 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 part 39 of the Federal Aviation Regulations (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 removing amendment 39-15382 (73 FR 
9668, February 22, 2008) and adding the following new AD:

2008-04-10 R1 The Boeing Company: Amendment 39-16121. Docket No. 
FAA-2009-1104; Directorate Identifier 2009-NM-167-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective December 30, 
2009.

Affected ADs

    (b) This AD revises AD 2008-04-10, Amendment 39-15382.

Applicability

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

    Note 1: This AD requires revisions to certain operator 
maintenance documents to include new inspections. Compliance with 
these inspections is required by 14 CFR 91.403(c). For airplanes 
that have been previously modified, altered, or repaired in the 
areas addressed by these inspections, the operator may not be able 
to accomplish the inspections described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must 
request approval for an alternative method of compliance (AMOC) 
according to paragraph (j) of this AD. The request should include a 
description of changes to the required inspections that will ensure 
the continued operational safety of the airplane.

Unsafe Condition

    (d) This AD results from a design review of the fuel tank 
systems. We are issuing this AD to prevent the potential for 
ignition sources inside fuel tanks caused by latent failures, 
alterations, repairs, or maintenance actions, which, in combination 
with flammable fuel vapors, could result in a fuel tank explosion 
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.

Restatement of AD 2008-04-10, With Change to Compliance Method

Service Information Reference

    (f) The term ``Document D6-8766-AWL,'' as used in this AD, means 
Boeing 727-100/200 Airworthiness Limitations (AWLs), D6-8766-AWL, 
dated March 2006.

Maintenance Program Revision

    (g) Before December 16, 2008, revise the FAA-approved 
maintenance program to incorporate the information in the sections 
specified in paragraphs (g)(1), (g)(2), (g)(3), and (g)(4) of this 
AD; except that the initial inspection required by paragraph (h) of 
this AD must be done at the applicable compliance time specified in 
that paragraph.
    (1) Section A, ``SCOPE'' of Document D6-8766-AWL.
    (2) Section B, ``FUEL SYSTEMS AIRWORTHINESS LIMITATIONS,'' of 
Document D6-8766-AWL.
    (3) Section C, ``SYSTEM AWL PAGE FORMAT,'' of Document D6-8766-
AWL.
    (4) Section D, ``AIRWORTHINESS LIMITATIONS--FUEL SYSTEMS,'' of 
Document D6-8766-AWL.

Initial Inspection and Repair if Necessary

    (h) At the later of the compliance times specified in paragraphs 
(h)(1) and (h)(2) of this AD, do a detailed inspection of the wire 
bundles routed over the center fuel tank for damaged clamps, wire 
chafing, and wire bundles in contact with the surface of the center 
fuel tank, in accordance with AWL No. 28-AWL-01 of Section D of 
Document D6-8766-AWL. If any discrepancy is found during the 
inspection, repair the discrepancy before further flight, in 
accordance with AWL No. 28-AWL-01 of Section D of Document D6-8766-
AWL. Accomplishing AWL No. 28-AWL-01 as part of an FAA-approved 
maintenance program prior to the applicable compliance time 
specified in paragraph (h)(1) or (h)(2) of this AD constitutes 
compliance with the requirements of this paragraph.

    Note 2: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''

    (1) Prior to the accumulation of 36,000 total flight cycles, or 
within 120 months since the date of issuance of the original 
standard airworthiness certificate or the date of issuance of the 
original export certificate of airworthiness, whichever occurs 
first.
    (2) Within 72 months after March 28, 2008 (the effective date AD 
2008-04-10).

No Alternative Inspections, Inspection Intervals, or Critical Design 
Configuration Control Limitations (CDCCLs)

    (i) After accomplishing the applicable actions specified in 
paragraphs (g) and (h) of this AD, no alternative inspections, 
inspection intervals, or CDCCLs may be used unless the inspections, 
intervals, or CDCCLs are approved as an AMOC in accordance with the 
procedures specified in paragraph (j) of this AD.

New Information

Explanation of CDCCL Requirements

    Note 3: Notwithstanding any other maintenance or operational 
requirements, components that have been identified as airworthy or 
installed on the affected airplanes before the revision of the AWL, 
as required by paragraph (g) of this AD, do not need to be reworked 
in accordance with the CDCCLs. However, once the AWL has been 
revised, future maintenance actions on these components must be done 
in accordance with the CDCCLs.

Alternative Methods of Compliance (AMOCs)

    (j)(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: Tom Thorson, Aerospace Engineer, Propulsion Branch, ANM-140S, 
FAA, Seattle Aircraft Certification Office 1601 Lind Avenue, SW., 
Renton, Washington 98057-3356; telephone (425) 917-6508; 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

[[Page 66230]]

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

    (k) You must use Boeing 727-100/200 Airworthiness Limitations 
(AWLs), D6-8766-AWL, dated March 2006, to do the actions required by 
this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register previously approved the 
incorporation by reference of Boeing 727-100/200 Airworthiness 
Limitations (AWLs), D6-8766-AWL, dated March 2006, on March 28, 2008 
(73 FR 9668, February 22, 2008).
    (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 November 19, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-29737 Filed 12-14-09; 8:45 am]
BILLING CODE 4910-13-P