[Federal Register: November 8, 2005 (Volume 70, Number 215)]

[Rules and Regulations]

[Page 67644-67645]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08no05-2]
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-21975; Directorate Identifier 2005-NM-122-AD; Amendment 39-14365;

AD 2005-23-07]

RIN 2120-AA64

Airworthiness Directives; Boeing Model 727 Airplanes

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

ACTION: Final rule.

–––––––––––––––––––––––––––––––––––

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all Boeing Model 727
airplanes. This AD requires revising the Limitations section of the airplane flight manual to prohibit
resetting a tripped circuit breaker for a fuel pump. This AD results from fuel system reviews
conducted by the manufacturer. We are issuing this AD to prohibit the resetting of a tripped circuit
breaker for a fuel pump,
which could allow an electrical fault to override the protective features of the circuit breaker, and
could result in sparks inside the fuel tank, ignition of fuel vapors, and consequent fire or explosion.

DATES: This AD becomes effective December 13, 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.
Contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124-2207, for
service information identified in this 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.

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SUPPLEMENTARY INFORMATION:

Examining the Docket

You may examine the airworthiness directive (AD) docket on the Internet at http://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 street address stated in the ADDRESSES
section.

Discussion

The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include
an AD that would apply to all Boeing Model 727 airplanes. That NPRM was published in the Federal
Register on July 29, 2005 (70 FR 43802). That NPRM proposed to require revising the Limitations
section of the airplane flight manual to prohibit resetting a tripped circuit breaker for a fuel pump.

Comments

We provided the public the opportunity to participate in the development of this AD. We have
considered the one comment received. The commenter supports the NPRM.

Clarification of Alternative Method of Compliance (AMOC) Paragraph

We have revised this action to clarify the appropriate procedure for notifying the principal
inspector before using any approved AMOC on any airplane to which the AMOC applies.

Conclusion

We have carefully reviewed the available data, including the comment received, and determined
that air safety and the public interest require adopting the AD with the change described previously.
We have determined that this change will neither increase the economic burden on any operator nor
increase the scope of the AD.

Costs of Compliance

There are about 600 airplanes of the affected design in the worldwide fleet. This AD affects
about 300 airplanes of U.S. registry. The action in this AD takes 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 $19,500, 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

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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 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, Safety.

Adoption of the Amendment

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 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.

§ 39.13 [Amended]

2. The Federal Aviation Administration (FAA) amends § 39.13 by adding the following new
airworthiness directive (AD):

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AIRWORTHINESS DIRECTIVE

Aircraft Certification Service U.S. Department

Washington, DC of Transportation
Federal Aviation
Administration
We post ADs on the internet at www.faa.gov/aircraft/safety/alerts/
The following Airworthiness Directive issued by the Federal Aviation Administration in accordance with the provisions of Title 14 of the Code of Federal Regulations (14 CFR) part 39,
applies to an aircraft model of which our records indicate you may be the registered owner. Airworthiness Directives affect aviation safety and are regulations which require immediate
attention. You are cautioned that no person may operate an aircraft to which an Airworthiness Directive applies, except in accordance with the requirements of the Airworthiness
Directive (reference 14 CFR part 39, subpart 39.3).

2005-23-07 Boeing: Amendment 39-14365. Docket No. FAA-2005-21975; Directorate Identifier

2005-NM-122-AD.

Effective Date

(a) This AD becomes effective December 13, 2005.

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.

Unsafe Condition

(d) This AD results from fuel system reviews conducted by the manufacturer. We are issuing this
AD to prohibit the resetting of a tripped circuit breaker for a fuel pump, which could allow an
electrical fault to override the protective features of the circuit breaker, and could result in sparks
inside the fuel tank, ignition of fuel vapors, and consequent fire or explosion.

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.

Revise the Airplane Flight Manual (AFM)

(f) Within 30 days after the effective date of this AD, revise the Limitations section of the
Boeing 727 AFM to include the following statement. This may be done by inserting a copy of this
AD into the AFM.
''Do not reset a tripped fuel pump circuit breaker.''

Note 1: When a statement 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.

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Alternative Methods of Compliance (AMOCs)

(g)(1) 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.
(2) Before using any AMOC approved in accordance with 14 CFR 39.19 on any airplane to
which the AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards
Certificate Holding District Office.

Material Incorporated by Reference

(h) None.

Issued in Renton, Washington, on October 26, 2005.

Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 05-22214 Filed 11-7-05; 8:45 am]
BILLING CODE 4910-13-P