AD 2008-04-10

[Federal Register Volume 73, Number 36 (Friday, February 22, 2008)]
[Rules and Regulations]
[Pages 9668-9670]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E8-3069]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28382; Directorate Identifier 2006-NM-179-AD; 
Amendment 39-15382; AD 2008-04-10]
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 all 
Boeing Model 727 airplanes. This 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. This AD also requires the initial 
inspection of a certain repetitive AWL inspection to phase in that 
inspection, and repair if necessary. 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 March 28, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 28, 
2008.

ADDRESSES: For service information identified in this AD, contact 
Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-
2207.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a>; 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: Kathrine Rask, Aerospace Engineer, 
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification 
Office, 1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone 
(425) 917-6505; 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 
all Boeing Model 727 airplanes. That NPRM was published in the Federal 
Register on July 6, 2007 (72 FR 36901). That NPRM proposed to require 
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 NPRM also 
proposed to require the initial inspection of a certain repetitive AWL 
inspection to phase in that inspection, and repair if necessary.

Comments

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

Changes Made to This AD

    For standardization purposes, we have revised this AD in the 
following ways:
    <bullet> We have added a new paragraph (i) to specify that no 
alternative inspections, inspection intervals, or critical design 
configuration control limitation (CDCCLs) may be used unless they are 
part of a later approved revision of the Boeing 727-100/200 
Airworthiness Limitations (AWLs), D6-8766-AWL, dated March 2006 
(hereafter referred to as ``Document D6-8766-AWL''), or unless they are 
approved as an alternative method of compliance (AMOC). Inclusion of 
this paragraph in an AD is intended to ensure that the AD-mandated 
airworthiness limitations changes are treated the same as the 
airworthiness limitations issued with the original type certificate.
    <bullet> We have simplified the language in Note 1 of this AD to 
clarify that an operator must request approval for an AMOC if an 
operator cannot accomplish the required inspections because an airplane 
has been previously modified, altered, or repaired in the areas 
addressed by the required inspections.

Change to the Compliance Time

    We have revised paragraph (h)(1) of this AD to change the 
compliance time from units of flight hours to flight cycles, as 
specified in Document D6-8766-AWL.

Credit for Prior Accomplishment of AWL No. 28-AWL-01

    We have added a statement to paragraph (h) of this AD specifying 
that accomplishment of 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 paragraph (h).

Request To Revise Note 1

    Boeing requests that we revise Note 1 of the NPRM to clarify the 
need for an AMOC. Boeing states that the current wording is difficult 
to follow, and that the note is meant to inform operators that an AMOC 
to the AWLs document may be required if an operator has previously 
modified, altered, or repaired in the areas addressed by limitations. 
Boeing requests that we revise Note 1 as follows:

[[Page 9669]]

    <bullet> Add the words ``according to paragraph (g)'' at the end of 
the first sentence.
    <bullet> Replace the words ``revision to'' with ``deviation from'' 
in the last sentence.
    <bullet> Delete the words ``(g) or'' and ``as applicable'' from the 
last sentence.
    As stated previously, we have simplified the language in Note 1 of 
this AD for standardization with other similar ADs. The language the 
commenter requests we change does not appear in the revised note; 
therefore, no additional change to this AD is necessary in this regard.

Request To Add an Additional Reference to Appendix 1

    Boeing requests that we revise Appendix 1 of the NPRM to add an 
additional Air Transport Association (ATA) section for AWL No. 28-AWL-
02. Boeing states that page block 401 of chapter 53-20-11 of the Boeing 
727 Airplane Maintenance Manual, Passenger Cabin Floor Panel Removal/
Installation, should be included.
    We disagree with adding the additional reference, since we have 
deleted Appendix 1 from this AD. The purpose of Appendix 1 was to 
assist operators in identifying the maintenance manual tasks that could 
affect compliance with a CDCCL. However, we have also received several 
similar comments regarding the appendixes in other NPRMs that address 
the same unsafe condition on other Boeing airplanes. Those comments 
indicate that including non-required information in those NPRMs has 
caused confusion. Further, Document D6-8766-AWL contains most of the 
information that is listed in Appendix 1 of the NPRM. Therefore, we 
have removed Appendix 1 from this AD.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the changes described previously. We also determined that 
these changes will not increase the economic burden on any operator or 
increase the scope of the AD.

Costs of Compliance

    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 hour, for U.S. operators to comply 
with this AD.

                                                 Estimated Costs
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                                                                                  Number of U.S.-
             Action                  Work           Parts            Cost per       registered      Fleet cost
                                    hours                            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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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:

2008-04-10 Boeing: Amendment 39-15382. Docket No. FAA-2007-28382; 
Directorate Identifier 2006-NM-179-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective March 28, 
2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Boeing 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

[[Page 9670]]

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.

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. Accomplishing the revision in accordance with a 
later revision of Document D6-8766-AWL is an acceptable method of 
compliance if the revision is approved by the Manager, Seattle 
Aircraft Certification Office (ACO), FAA.
    (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 the actions required by this paragraph in 
accordance with a later revision of Document D6-8766-AWL is an 
acceptable method of compliance if the revision is approved by the 
Manager, Seattle ACO. 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 the effective date of this AD.

No Alternative Inspections, Inspection Intervals, or 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 part of a later revision of Document D6-
8766-AWL that is approved by the Manager, Seattle Aircraft 
Certification Office (ACO), FAA; or unless the inspections, 
intervals, or CDCCLs are approved as an AMOC in accordance with the 
procedures specified in paragraph (j) of this AD.

Alternative Methods of Compliance (AMOCs)

    (j)(1) The Manager, Seattle ACO, has the authority to approve 
AMOCs for this AD, if requested in accordance with 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 appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.

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 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, P.O. Box 3707, Seattle, Washington 
98124-2207.
    (3) You may review copies of the service information 
incorporated by reference at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or 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: <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.

    Issued in Renton, Washington, on February 13, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
[FR Doc. E8-3069 Filed 2-21-08; 8:45 am]
BILLING CODE 4910-13-P