[Federal Register: February 27, 2009 (Volume 74, Number 38)]
[Rules and Regulations]               
[Page 8851-8853]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27fe09-2]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1065; Directorate Identifier 2008-NM-126-AD; 
Amendment 39-15827; AD 2009-05-03]
RIN 2120-AA64

 
Airworthiness Directives; Boeing Model 727 Airplanes

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 airplanes. This AD requires among other actions, 
installing new ground fault interrupter (GFI) relays for the main fuel 
tanks and the auxiliary fuel tank pumps. This AD also requires revising 
the FAA-approved maintenance program to incorporate new Airworthiness 
Limitations for the GFI of the boost pumps and for the uncommanded on 
system for the auxiliary fuel tank pumps. This AD results from fuel 
system reviews conducted by the manufacturer. We are issuing this AD to 
prevent an electrical fault in the fuel pump system, which might cause 
a connector or end cap to burn through and a subsequent fire or 
explosion inside the fuel pump or wing spar area. We are also issuing 
this AD to prevent uncommanded operation of the auxiliary fuel tank 
pumps, which can cause them to run dry. This condition will increase 
pump temperature and could supply an ignition source to fumes in the 
fuel tank, which can result in a consequent fire or explosion.

DATES: This AD is effective April 3, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of April 3, 
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 me.boecom@boeing.com; 
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: Binh Tran, Aerospace Engineer, Systems 
and Equipment Branch, ANM-130S, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone 
(425) 917-6485; fax (425) 917-6590.

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 airplanes. That NPRM was published in the 
Federal Register on October 7, 2008 (73 FR 58509). That NPRM proposed 
to require, among other actions, installing new ground fault 
interrupter (GFI) relays for the main fuel tanks and the auxiliary fuel 
tank pumps. This AD also requires revising the FAA-approved maintenance 
program to incorporate new Airworthiness Limitations for the GFI of the 
boost pumps and for the uncommanded on system for the auxiliary fuel 
tank pumps.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received.

Support for the NPRM

    Boeing concurs with the contents of the NPRM.

General Comment Disagreeing With NPRM

    Another commenter, Ralph Pascale, asserts that the current 
configuration of the boost pump circuits is adequate and does not need 
to be changed. The commenter feels that by installing the GFIs on the 
boost pumps according to the NPRM, there could be a condition where 
during a loss of all generators due to thunderstorms, electrical power 
is lost to the boost pumps and the possibility of the GFI tripping due 
to high voltage (getting hit by lightning) will prevent the boost pumps 
from supplying boosted pressure when electrical power is re-
established, causing a triple flameout.
    We infer that the commenter is requesting that we withdraw the 
NPRM. We do not concur. Loss of all generators resulting in loss of all 
boost pumps is a rare event, even without GFI installed for the boost 
pumps. The GFI has been tested for lightning threat to a level that is 
higher than the worst-case lightning threat that a Model 727 airplane 
would typically experience. Therefore, the risk to the boost pumps has 
not increased. We have not changed this final rule in light of the 
comment.

Conclusion

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

Costs of Compliance

    We estimate that this AD will affect 199 airplanes of U.S. 
registry. The following table provides the estimated

[[Page 8852]]

costs for U.S. operators to comply with this AD.

                                                                 Table--Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                       Number of
                                                             Average                                                     U.S.-
              Action                      Work hours        labor rate          Parts             Cost per product     registered        Fleet cost
                                                             per hour                                                  airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Installation of new GFI relays....  Between 202 and                $80  Between $30,619 and    Between $46,779 and            199  Between $9,309,021
                                     416.\1\                             $59,785.\1\            $93,065.\1\                         and $18,519,935.\1\
Concurrent requirements...........  Between 68 and                  80  Between $1,292 and     Between $6,732 and              35  Between $235,620 and
                                     209.\1\                             $10,470.\1\            $27,190.\1\                         $951,650.\1\
Revision of FAA-approved            1....................           80  None.................  $80..................          199  $15,920.
 maintenance program.
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\1\ Depending on the airplane configuration.

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, 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 FAA amends Sec.  39.13 by adding the following new AD:

2009-05-03 Boeing: Amendment 39-15827. Docket No. FAA-2008-1065; 
Directorate Identifier 2008-NM-126-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective April 3, 
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; as identified in Boeing Alert Service Bulletin 727-
28A0128, dated April 4, 2008.

    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 fuel system reviews conducted by the 
manufacturer. We are issuing this AD to prevent an electrical fault 
in the fuel pump system, which might cause a connector or end cap to 
burn through and a subsequent fire or explosion inside the fuel pump 
or wing spar area. We are also issuing this AD to prevent 
uncommanded operation of the auxiliary fuel tank pumps, which can 
cause them to run dry. This condition will increase pump temperature 
and could supply an ignition source to fumes in the fuel tank, which 
can result in a consequent fire or explosion.

Compliance

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

Installation

    (f) Within 60 months after the effective date of this AD, 
install new ground fault interrupter (GFI) relays for the main fuel 
tanks and the auxiliary fuel tank pumps and do all the other 
specified actions by accomplishing all the applicable actions 
specified in the Accomplishment Instructions of Boeing Alert Service 
Bulletin 727-28A0128, dated April 4, 2008.

Concurrent Requirements

    (g) For airplanes identified as Groups 5 through 18 inclusive, 
in Boeing Alert Service Bulletin 727-28A0128, dated April 4, 2008: 
Concurrently with the installation required by paragraph (f) of this 
AD, do the actions specified in paragraphs (g)(1) and (g)(2) of this 
AD in accordance with the Accomplishment Instructions of Boeing 
Alert Service Bulletin 727-28A0130, dated April 30, 2008.
    (1) Install new ground blocks, track, switch mounting bracket, 
relay mounting bracket, toggle switches, and relays, and make

[[Page 8853]]

changes to the wire bundles in the GFI relay panel in the electronic 
equipment bay.
    (2) Install new circuit breakers and lights and make changes to 
wire bundles on the third crewman's P6 and P4 panels in the flight 
compartment.

Maintenance Program Revision

    (h) Concurrently with accomplishing the installation required by 
paragraph (f) of this AD, revise the FAA-approved maintenance 
program by incorporating Airworthiness Limitations Nos. 28-AWL-16 
and 28-AWL-17 of Section D of ``Boeing 727-100/200 Airworthiness 
Limitations (AWLs),'' Document D6-8766-AWL, Revision August 2007.

No Alternative Inspection or Inspection Intervals

    (i) After accomplishing the action required by paragraph (h) of 
this AD, no alternative inspections or inspection intervals may be 
used, unless the inspections or intervals are approved as an 
alternative means of compliance (AMOC) in accordance with the 
procedures specified in paragraph (j) of this AD.

Alternative Methods of Compliance (AMOCs)

    (j)(1) The Manager, Seattle Aircraft Certification Office (ACO), 
FAA, ATTN: Binh Tran, Aerospace Engineer, Systems and Equipment 
Branch, ANM-130S, FAA, Seattle ACO, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 917-6485; fax (425) 917-6590; 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19.
    (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.

Material Incorporated by Reference

    (k) You must use the service information contained in Table 1 of 
this AD, as applicable, to do the actions required by this AD, 
unless the AD specifies otherwise.

                                   Table 1--Material Incorporated by Reference
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               Document                               Revision                               Date
----------------------------------------------------------------------------------------------------------------
Boeing Alert Service Bulletin 727-      Original...........................  April 4, 2008.
 28A0128.
Boeing Alert Service Bulletin 727-      Original...........................  April 30, 2008.
 28A0130.
Boeing 727-100/200 Airworthiness        August 2007........................  August 2007.
 Limitations (AWLs) Document D6-8766-
 AWL.
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    (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 
me.boecom@boeing.com; 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, 
WAashington. 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, WA, on January 30, 2009.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
[FR Doc. E9-3875 Filed 2-26-09; 8:45 am]

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