[Federal Register: June 30, 2005 (Volume 70, Number 125)]
[Rules and Regulations]
[Page 37659-37661]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jn05-5]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-20355; Directorate Identifier 2004-NM-198-AD;
Amendment 39-14177; AD 2005-13-40]
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).
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
Boeing Model 727 airplanes equipped with an auxiliary fuel tank having
a fuel pump installed. This AD requires revising the airplane flight
manual to include limitations on operating the fuel pumps for the
auxiliary fuel tank. This 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 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.
DATES: This AD becomes effective August 4, 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.
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 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. This
docket number is FAA-2005-20355; the directorate identifier for this
docket is 2004-NM-198-AD.
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that would apply to Boeing Model 727
airplanes equipped with an auxiliary fuel tank having a fuel pump
installed. That NPRM was published in the Federal Register on February
15, 2005 (70 FR 7695). That NPRM proposed to require revising the
airplane flight manual (AFM) to include limitations on operating the
fuel pumps for the auxiliary fuel tank.
Comments
We provided the public the opportunity to participate in the
[[Page 37660]]
development of this AD. We have considered the comments that have been
submitted on the proposed AD.
Support for the Proposed AD
One commenter supports the proposed AD.
Request To Withdraw Proposed AD
One commenter notes that Revision 47 to the Boeing 727 AFM, dated
May 17, 2004, includes procedural changes that are similar to the
information that the proposed AD would require be inserted into the
Limitations section of the AFM. The commenter feels that the
requirements of the proposed AD are adequately addressed by
incorporating Revision 47 to the AFM and that it would be more
appropriate for the new information to be placed in the Normal
Procedures section of the AFM rather than the Limitations section.
We do not agree. The wording in paragraph (f) of this AD is not
identical to that in Revision 47 to the Boeing 727 AFM. Revision 47
contains a note that would allow the auxiliary tank pump(s) to remain
``on'' in certain situations. We find that the auxiliary tank pumps
must be switched off immediately when the respective auxiliary tank
fuel pump low pressure light illuminates. Thus, to ensure that the
unsafe condition is adequately addressed, we find it necessary to
require that the information specified in paragraph (f) of this AD be
included in the Limitations section of the AFM, as proposed. Further,
the limitation section of the AFM is the only section that is mandatory
for operators. The unsafe condition which this AD is intended to
correct is of such significance to necessitate mandating the procedure.
We have not changed the final rule in this regard.
Request to Clarify Wording of AFM Revision
The same commenter requests that we revise paragraph (f) to be
consistent with similar wording in Revision 47 to the Boeing 727 AFM.
The commenter notes that paragraph (f) of the proposed AD states
``Auxiliary tank fuel pump switches must not be positioned `ON* * *,'
'' and ``Auxiliary tank(s) fuel pumps must not be `ON* * *.' '' The
commenter points out that the wording for the same instructions in
Revision 47 of the AFM states that the ``pumps must be off.''
We agree. We find that the wording referenced by the commenter is
clearer, though the meaning is the same. We have revised paragraph (f)
of this AD accordingly.
Request To Clarify Intent of Proposed AD
The same commenter states that is unclear if the intent of the
proposed AD is to delete Note [1] in Revision 47 of the AFM, which
states:
``If an auxiliary tank fuel pump LOW PRESSURE light illuminates
during takeoff or climb, the auxiliary tank pump(s) may remain on
until the climb attitude is reduced and the light(s) extinguishes or
workload allows for pump(s) to be positioned `OFF.' ''
The commenter notes that this statement qualifies the preceding
statement in Revision 47 of the AFM: ``Each auxiliary tank fuel pump
switch must be positioned `OFF' without delay when the respective
auxiliary tank fuel pump low pressure light illuminates.'' The
commenter opines that this note should be retained as it does have
value in certain situations. The commenter recommends that, if the FAA
intends to delete the note, the proposed wording should be revised to
clearly state this intent.
We agree with the commenter's request to clarify our intent. Our
intent was that this qualifying note should not be included in the AFM
revision required by paragraph (f) of this AD. As stated previously, we
do not agree with the note in Revision 47 to which the commenter refers
because we have determined that, to prevent dry operation of the fuel
pumps for the auxiliary fuel tank, the affected auxiliary tank pumps
must be switched off without delay when the auxiliary tank fuel pump
low pressure light illuminates. We have revised paragraph (f) of this
AD to clarify that we intend no exceptions to the requirement to switch
off each auxiliary tank fuel pump as soon as the applicable low
pressure light illuminates.
Explanation of Additional Editorial Change
We have revised the second paragraph of the AFM revision specified
in paragraph (f) of this AD to read, ``When established in a level
attitude at cruise, if the auxiliary tank(s) contain usable fuel and
the auxiliary tank(s) pump switches are `OFF,' the auxiliary tank(s)
pump switches should be positioned `ON' again.'' The word ``pump'' was
inadvertently omitted in this statement in the proposed AD.
Conclusion
We have carefully reviewed the available data, including the
comments that have been submitted, 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
There are about 300 airplanes of the affected design in the
worldwide fleet. This AD will affect about 200 airplanes of U.S.
registry. The AFM revision will 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 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 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. See the ADDRESSES section for a location to
examine the regulatory evaluation.
[[Page 37661]]
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 airworthiness
directive (AD):
2005-13-40 Boeing: Amendment 39-14177. Docket No. FAA-2005-20355;
Directorate Identifier 2004-NM-198-AD.
Effective Date
(a) This AD becomes effective August 4, 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 Boeing 727 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 be positioned `OFF'
unless the auxiliary tank(s) contain fuel. Auxiliary tank(s) fuel
pumps must be `OFF' 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) pump 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, for all conditions including takeoff and climb, 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.
Material Incorporated by Reference
(h) None.
Issued in Renton, Washington, on June 21, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-12844 Filed 6-29-05; 8:45 am]
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