Airworthiness Directives; Boeing Model 727 Airplanes, Equipped With An Auxiliary Fuel Tank Having a Fuel Pump Installed, 7695-7697 [05-2835]

Download as PDF Federal Register / Vol. 70, No. 30 / Tuesday, February 15, 2005 / Proposed Rules Authority: 49 U.S.C. 106(g), 40113, 44701. Authority for This Rulemaking The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. 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. This rulemaking is promulgated 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 AD. Regulatory Findings We have determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would 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 proposed 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 proposed AD. 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, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: VerDate jul<14>2003 14:39 Feb 14, 2005 Jkt 205001 § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): Boeing: Docket No. FAA–20356; Directorate Identifier 2004–NM–115–AD. Comments Due Date (a) The Federal Aviation Administration (FAA) must receive comments on this AD action by April 1, 2005. Affected ADs (b) None. Applicability (c) This AD applies to all Boeing Model 737–100, –200, –200C, –300, –400, and –500 series airplanes, certificated in any category. Unsafe Condition (d) This AD was prompted by cracks in the stiffeners at left buttock line (LBL) and right buttock line (RBL) 6.15 on the rear spar of the wing center section. We are issuing this AD to detect and correct cracks in the stiffeners at LBL and RBL 6.15, which could result in damage to the keel beam structure and consequently reduce the capability of the airplane to sustain flight loads. 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. Service Bulletin Reference (f) The term ‘‘service bulletin,’’ as used in this AD, means the Accomplishment Instructions of Boeing Alert Service Bulletin 737–57A1269, Revision 1, dated September 16, 2004. Initial and Repetitive Inspections (g) Before accumulating 15,000 total flights cycles, or within 180 days after the effective date of this AD, whichever occurs later: Do a detailed inspection of the stiffeners at LBL and RBL 6.15 for cracks, in accordance with Part I of the service bulletin. Thereafter at intervals not to exceed 4,500 flight cycles, repeat the detailed inspection until the stiffeners at LBL and RBL 6.15 have been replaced, in accordance with paragraph (h) or (i) of this AD. Note 1: 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.’’ Replacement of Cracked Stiffener (h) If any crack is found during any inspection required by this AD, before further flight, replace both stiffeners with new, improved stiffeners by doing all of the applicable actions in Part II through Part IX PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 7695 of the service bulletin; except where the service bulletin specifies to contact Boeing for appropriate action: Before further flight, repair according to a method approved by the Manager, Seattle Aircraft Certification Office (ACO), FAA, or according to data meeting the certification basis of the airplane approved by an Authorized Representative for the Boeing Delegation Option Authorization Organization who has been authorized by the Manager, Seattle ACO, to make those findings. For a repair method to be approved, the approval must specifically reference this AD. Accomplishing the replacement terminates the repetitive inspections required by paragraph (g) of this AD. Optional Terminating Action (1) Replacement of both stiffeners at LBL and RBL 6.15 in accordance with paragraph (h) of this AD terminates the repetitive inspections required by this AD. Credit for Previous Service Bulletin (j) The actions done before the effective date of this AD in accordance with Boeing Alert Service Bulletin 737–57A1269, dated December 4, 2003, are acceptable for compliance with the corresponding actions required by this AD. Alternative Methods of Compliance (AMOCs) (k)(1) The Manager, Seattle ACO, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19. (2) An AMOC that provides an acceptable level of safety may be used for any repair required by this AD, if it is approved by an Authorized Representative for the Boeing Delegation Option Authorization Organization who has been authorized by the Manager, Seattle ACO, to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane, and the approval must specifically refer to this AD. Issued in Renton, Washington, on February 6, 2005. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 05–2834 Filed 2–14–05; 8:45 am] BILLING CODE 4910–13–M DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2005–20355; Directorate Identifier 2004–NM–198–AD] RIN 2120–AA64 Airworthiness Directives; Boeing Model 727 Airplanes, Equipped With An Auxiliary Fuel Tank Having a Fuel Pump Installed Federal Aviation Administration (FAA), Department of Transportation (DOT). AGENCY: E:\FR\FM\15FEP1.SGM 15FEP1 7696 Federal Register / Vol. 70, No. 30 / Tuesday, February 15, 2005 / Proposed Rules Notice of proposed rulemaking (NPRM). ACTION: The FAA proposes to adopt a new airworthiness directive (AD) for Boeing Model 727 airplanes equipped with an auxiliary fuel tank having a fuel pump installed. This proposed AD would require revising the airplane flight manual to include limitations on operating the fuel pumps for the auxiliary fuel tank. This proposed 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 proposing 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: We must receive comments on this proposed AD by April 1, 2005. ADDRESSES: Use one of the following addresses to submit comments on this proposed AD. • DOT Docket Web site: Go to https://dms.dot.gov and follow the instructions for sending your comments electronically. • Government-wide rulemaking Web site: Go to https://www.regulations.gov and follow the instructions for sending your comments electronically. • Mail: Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street SW, Nassif Building, room PL–401, Washington, DC 20590. • By fax: (202) 493–2251. • Hand Delivery: Room PL–401 on the plaza level of the Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this proposed AD, contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124–2207. You can examine the contents of this AD docket on the Internet at https:// dms.dot.gov, or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street SW., room PL–401, on the plaza level of the Nassif Building, Washington, DC. This docket number is FAA–2005– 20355; the directorate identifier for this docket is 2004–NM–198–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: SUMMARY: VerDate jul<14>2003 14:39 Feb 14, 2005 Jkt 205001 Comments Invited We invite you to submit any relevant written data, views, or arguments regarding this proposed AD. Send your comments to an address listed under ADDRESSES. Include ‘‘Docket No. FAA– 2005–20355; Directorate Identifier 2004–NM–198–AD’’ in the subject line of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. We will consider all comments submitted by the closing date and may amend the proposed AD in light of those comments. We will post all comments we receive, without change, to https:// dms.dot.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this proposed AD. Using the search function of that Web site, anyone can find and read the comments in any of our dockets, including the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You can review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78), or you can visit https:// dms.dot.gov. Examining the Docket You can examine the AD docket on the Internet at https://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 DOT street address stated in the ADDRESSES section. Comments will be available in the AD docket shortly after the DMS receives them. Discussion The FAA has examined the underlying safety issues involved in recent fuel tank explosions on several large transport airplanes, including the adequacy of existing regulations, the service history of airplanes subject to those regulations, and existing maintenance practices for fuel tank systems. As a result of those findings, we issued a regulation titled ‘‘Transport Airplane Fuel Tank System Design Review, Flammability Reduction and Maintenance and Inspection Requirements’’ (67 FR 23086, May 7, 2001). In addition to new airworthiness standards for transport airplanes and PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 new maintenance requirements, this rule included Special Federal Aviation Regulation No. 88 (‘‘SFAR 88,’’ Amendment 21–78, and subsequent Amendments 21–82 and 21–83). Among other actions, SFAR 88 requires certain type design (i.e., type certificate (TC) and supplemental type certificate (STC)) holders to substantiate that their fuel tank systems can prevent ignition sources in the fuel tanks. This requirement applies to type design holders for large turbine-powered transport airplanes and for subsequent modifications to those airplanes. It requires them to perform design reviews and to develop design changes and maintenance procedures if their designs do not meet the new fuel tank safety standards. As explained in the preamble to the rule, we intended to adopt airworthiness directives to mandate any changes found necessary to address unsafe conditions identified as a result of these reviews. In evaluating these design reviews, we have established four criteria intended to define the unsafe conditions associated with fuel tank systems that require corrective actions. The percentage of operating time during which fuel tanks are exposed to flammable conditions is one of these criteria. The other three criteria address the failure types under evaluation: Single failures, single failures in combination with another latent condition(s), and in-service failure experience. For all four criteria, the evaluations included consideration of previous actions taken that may mitigate the need for further action. We have determined that the actions identified in this AD are necessary to reduce 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. A design review of the fuel pump installation on the auxiliary fuel tank of Boeing Model 727 airplanes has revealed a potential unsafe condition related to the auxiliary fuel tank(s). Dry operation of the fuel pumps for the auxiliary fuel tank could cause metal-tometal contact that may create high temperatures or sparks. This could create a potential ignition source inside the auxiliary fuel tank, which could result in a fire or explosion of the auxiliary fuel tank. FAA’s Determination and Requirements of the Proposed AD We have evaluated all pertinent information and identified an unsafe condition that is likely to exist or develop on other airplanes of this same E:\FR\FM\15FEP1.SGM 15FEP1 Federal Register / Vol. 70, No. 30 / Tuesday, February 15, 2005 / Proposed Rules type design. Therefore, we are proposing this AD, which would require revising the airplane flight manual (AFM) to include limitations on operating the fuel pumps for the auxiliary fuel tank. In developing an appropriate compliance time for this AD, we considered the manufacturer’s recommendation, the degree of urgency associated with the subject unsafe condition, and the average utilization of the affected fleet. In light of all of these factors, we find that a 30-day compliance time represents an appropriate interval of time for affected airplanes to continue to operate without compromising safety. Costs of Compliance There are about 300 airplanes of the affected design in the worldwide fleet. This proposed AD would affect about 200 airplanes of U.S. registry. The proposed AFM revision would 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 proposed AD for U.S. operators is $13,000, or $65 per airplane. For the reasons discussed above, I certify that the proposed 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 proposed AD. 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, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. 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 proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would 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. VerDate jul<14>2003 14:39 Feb 14, 2005 Jkt 205001 § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): Boeing: Docket No. FAA–2005–20355; Directorate Identifier 2004–NM–198–AD. Comments Due Date (a) The Federal Aviation Administration (FAA) must receive comments on this AD action by April 1, 2005. Affected ADs (b) None. 7697 Airplane Flight Manual (AFM) Revision (f) Within 30 days after the effective date of this AD, revise the Limitations section of the 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 not be positioned ‘ON’ unless the auxiliary tank(s) contain fuel. Auxiliary tank(s) fuel pumps must not be ‘ON’ 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) 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 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. Issued in Renton, Washington, on February 6, 2005. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 05–2835 Filed 2–14–05; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 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. 14 CFR Part 39 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. Airworthiness Directives; Boeing Model 737–100, –200, –200C, –300, –400, and –500, Series Airplanes 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. PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 [Docket No. FAA–2005–20354; Directorate Identifier 2004–NM–166–AD] RIN 2120–AA64 Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). AGENCY: SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) for all Boeing Model 737–100, –200, –200C, –300, –400, and –500 series airplanes. This proposed AD would require an inspection for chafing of certain wire E:\FR\FM\15FEP1.SGM 15FEP1

Agencies

[Federal Register Volume 70, Number 30 (Tuesday, February 15, 2005)]
[Proposed Rules]
[Pages 7695-7697]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-2835]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20355; Directorate Identifier 2004-NM-198-AD]
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).

[[Page 7696]]


ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for Boeing Model 727 airplanes equipped with an auxiliary fuel tank 
having a fuel pump installed. This proposed AD would require revising 
the airplane flight manual to include limitations on operating the fuel 
pumps for the auxiliary fuel tank. This proposed 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 
proposing 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: We must receive comments on this proposed AD by April 1, 2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket Web site: Go to https://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to https://
www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW, Nassif Building, room PL-401, 
Washington, DC 20590.
     By fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207.
    You can examine the contents of this AD docket on the Internet at 
https://dms.dot.gov, or in person at the Docket Management Facility, 
U.S. Department of Transportation, 400 Seventh Street SW., room PL-401, 
on the plaza level of the Nassif Building, Washington, DC. This docket 
number is FAA-2005-20355; the directorate identifier for this docket is 
2004-NM-198-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:

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2005-20355; 
Directorate Identifier 2004-NM-198-AD'' in the subject line of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments submitted by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to https://
dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of 
that Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You can review DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
can visit https://dms.dot.gov.

Examining the Docket

    You can examine the AD docket on the Internet at https://
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 DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the DMS receives them.

Discussion

    The FAA has examined the underlying safety issues involved in 
recent fuel tank explosions on several large transport airplanes, 
including the adequacy of existing regulations, the service history of 
airplanes subject to those regulations, and existing maintenance 
practices for fuel tank systems. As a result of those findings, we 
issued a regulation titled ``Transport Airplane Fuel Tank System Design 
Review, Flammability Reduction and Maintenance and Inspection 
Requirements'' (67 FR 23086, May 7, 2001). In addition to new 
airworthiness standards for transport airplanes and new maintenance 
requirements, this rule included Special Federal Aviation Regulation 
No. 88 (``SFAR 88,'' Amendment 21-78, and subsequent Amendments 21-82 
and 21-83).
    Among other actions, SFAR 88 requires certain type design (i.e., 
type certificate (TC) and supplemental type certificate (STC)) holders 
to substantiate that their fuel tank systems can prevent ignition 
sources in the fuel tanks. This requirement applies to type design 
holders for large turbine-powered transport airplanes and for 
subsequent modifications to those airplanes. It requires them to 
perform design reviews and to develop design changes and maintenance 
procedures if their designs do not meet the new fuel tank safety 
standards. As explained in the preamble to the rule, we intended to 
adopt airworthiness directives to mandate any changes found necessary 
to address unsafe conditions identified as a result of these reviews.
    In evaluating these design reviews, we have established four 
criteria intended to define the unsafe conditions associated with fuel 
tank systems that require corrective actions. The percentage of 
operating time during which fuel tanks are exposed to flammable 
conditions is one of these criteria. The other three criteria address 
the failure types under evaluation: Single failures, single failures in 
combination with another latent condition(s), and in-service failure 
experience. For all four criteria, the evaluations included 
consideration of previous actions taken that may mitigate the need for 
further action.
    We have determined that the actions identified in this AD are 
necessary to reduce 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.
    A design review of the fuel pump installation on the auxiliary fuel 
tank of Boeing Model 727 airplanes has revealed a potential unsafe 
condition related to the auxiliary fuel tank(s). Dry operation of the 
fuel pumps for the auxiliary fuel tank could cause metal-to-metal 
contact that may create high temperatures or sparks. This could create 
a potential ignition source inside the auxiliary fuel tank, which could 
result in a fire or explosion of the auxiliary fuel tank.

FAA's Determination and Requirements of the Proposed AD

    We have evaluated all pertinent information and identified an 
unsafe condition that is likely to exist or develop on other airplanes 
of this same

[[Page 7697]]

type design. Therefore, we are proposing this AD, which would require 
revising the airplane flight manual (AFM) to include limitations on 
operating the fuel pumps for the auxiliary fuel tank.
    In developing an appropriate compliance time for this AD, we 
considered the manufacturer's recommendation, the degree of urgency 
associated with the subject unsafe condition, and the average 
utilization of the affected fleet. In light of all of these factors, we 
find that a 30-day compliance time represents an appropriate interval 
of time for affected airplanes to continue to operate without 
compromising safety.

Costs of Compliance

    There are about 300 airplanes of the affected design in the 
worldwide fleet. This proposed AD would affect about 200 airplanes of 
U.S. registry. The proposed AFM revision would 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 proposed 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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 proposed 
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 proposed AD. 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, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

Boeing: Docket No. FAA-2005-20355; Directorate Identifier 2004-NM-
198-AD.

Comments Due Date

    (a) The Federal Aviation Administration (FAA) must receive 
comments on this AD action by April 1, 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 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 not be positioned `ON' 
unless the auxiliary tank(s) contain fuel. Auxiliary tank(s) fuel 
pumps must not be `ON' 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) 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 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.

    Issued in Renton, Washington, on February 6, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-2835 Filed 2-14-05; 8:45 am]
BILLING CODE 4910-13-P
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