97-2223. Airworthiness Directives; Boeing Model 727 and 737 Series Airplanes  

  • [Federal Register Volume 62, Number 22 (Monday, February 3, 1997)]
    [Rules and Regulations]
    [Pages 4904-4906]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-2223]
    
    
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    DEPARTMENT OF TRANSPORTATION
    14 CFR Part 39
    
    [Docket No. 95-NM-106-AD; Amendment 39-9910; AD 97-03-04]
    RIN 2120-AA64
    
    
    Airworthiness Directives; Boeing Model 727 and 737 Series 
    Airplanes
    
    AGENCY: Federal Aviation Administration, DOT.
    
    ACTION: Final rule.
    
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    SUMMARY: This amendment adopts a new airworthiness directive (AD), 
    applicable to certain Boeing Model 727 and 737 series airplanes, that 
    requires replacing the fuel cap assembly with a new assembly on the 
    inlet fitting at the inside top of the Boeing-designed auxiliary fuel 
    tank(s). This amendment also requires installing certain new placards 
    once the replacement action is accomplished. This amendment is prompted 
    by reports that the fuel cap assembly, due to its design, became loose 
    and allowed fuel to enter the deactivated auxiliary fuel tanks on in-
    service airplanes. The actions specified by this AD are intended to 
    prevent unwanted fuel transferring to the deactivated auxiliary fuel 
    tanks, due to the problems associated with a loose fuel cap assembly.
    
    DATES: Effective March 10, 1997.
    
        The incorporation by reference of certain publications listed in 
    the regulations is approved by the Director
    
    [[Page 4905]]
    
    of the Federal Register as of March 10, 1997.
    ADDRESSES: The service information referenced in this AD may be 
    obtained from Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, 
    Washington 98124-2207. This information may be examined at the Federal 
    Aviation Administration (FAA), Transport Airplane Directorate, Rules 
    Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of 
    the Federal Register, 800 North Capitol Street, NW., suite 700, 
    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; telephone (206) 227-
    2686; fax (206) 227-1181.
    
    SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
    Aviation Regulations (14 CFR part 39) to include an airworthiness 
    directive (AD) that is applicable to certain Boeing Model 727 and 737 
    series airplanes was published in the Federal Register on June 19, 1996 
    (61 FR 31061). That action proposed to require replacing the fuel cap 
    assembly with a new assembly on the inlet fitting at the inside top of 
    the auxiliary fuel tank. That action also proposed to require the 
    replacement of currently-installed ``INOP'' placards with new placards.
        Interested persons have been afforded an opportunity to participate 
    in the making of this amendment. Due consideration has been given to 
    the comments received.
    
    Support for the Proposed Rule
    
        One commenter supports the proposal.
    
    Request To Clarify Applicability of the Proposed Rule
    
        One commenter requests clarification as to what airplanes would be 
    subject to the proposed AD. The commenter points out that, although the 
    applicability statement of the proposal indicates that it is applicable 
    to all Boeing Model 737 series airplanes, the referenced Boeing Alert 
    Service Bulletin 737-28A1032 applies only to Model 737-200 series 
    airplanes. The commenter questions whether the proposed rule would be 
    applicable to all other types of Model 737's that are equipped with 
    forward an/or aft auxiliary fuel tanks.
        The FAA concurs that clarification is needed with respect to the 
    applicability of this AD. First, this AD addresses problems associated 
    only with certain Boeing-designed auxiliary fuel tanks. Those fuel 
    tanks are installed only on airplanes specified in the effectivity 
    listing of Boeing Alert Service Bulletin 727-28A0062, Revision 5, dated 
    May 4, 1995 (for Model 727 series airplanes), and Boeing Alert Service 
    Bulletin 737-28A1032, Revision 2, dated May 4, 1995 (for Model 737-200 
    series airplanes). The final rule has been revised to specify that:
        1. the airplanes subject to the AD are the ones specified in those 
    Boeing alert service bulletins, and
        2. the subject auxiliary fuel tanks are designed by Boeing.
    
    Request for Clarification Regarding Future Applicability of 
    Proposed Rule
    
        One commenter requests clarification as to whether airplanes whose 
    auxiliary fuel tanks are not currently deactivated, would be subject to 
    the requirements of the proposed rule if their auxiliary fuel tanks 
    were to be deactivated at some time in the future.
        The FAA concurs that clarification is necessary regarding this 
    point. The applicability statement clearly specifies that the AD is 
    applicable to airplanes with deactivated auxiliary fuel tanks. 
    Therefore, the AD is applicable to any airplane whenever its auxiliary 
    fuel tank is deactivated--now or at any time in the future. The FAA has 
    added a NOTE to the final rule to specify that the requirements of the 
    AD become applicable whenever an auxiliary fuel tank is deactivated on 
    the subject airplanes.
    
    Conclusion
    
        After careful review of the available data, including the comments 
    noted above, the FAA has determined that air safety and the public 
    interest require the adoption of the rule with the changes previously 
    described. The FAA has determined that these changes will neither 
    increase the economic burden on any operator nor increase the scope of 
    the AD.
    
    Cost Impact
    
        There are approximately 211 Boeing Model 727 series airplanes and 
    36 Boeing Model 737 series airplanes of the affected design in the 
    worldwide fleet. The FAA estimates that 134 Boeing Model 727 series 
    airplanes and 25 Boeing Model 737 series airplanes of U.S. registry 
    will be affected by this AD.
        For Boeing Model 727 series airplanes, the required modification 
    will take approximately 53 work hours per airplane to accomplish, at an 
    average labor rate of $60 per work hour. Required parts will be 
    supplied by the manufacturer at no cost to the operators. Based on 
    these figures, the cost impact of the AD on U.S. operators of Model 727 
    series airplanes is estimated to be $426,120, or $3,180 per airplane.
        For Boeing Model 737 series airplanes, the required modification 
    will take approximately 18 work hours per airplane to accomplish, at an 
    average labor rate of $60 per work hour. Required parts will be 
    supplied by the manufacturer at no cost to the operators. Based on 
    these figures, the cost impact of the AD on U.S. operators of Model 737 
    series airplanes is estimated to be $27,000, or $1,080 per airplane.
        The cost impact figure discussed above is based on assumptions that 
    no operator has yet accomplished any of the requirements of this AD 
    action, and that no operator would accomplish those actions in the 
    future if this AD were not adopted.
    
    Regulatory Impact
    
        The regulations adopted herein will not have substantial direct 
    effects 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. Therefore, in 
    accordance with Executive Order 12612, it is determined that this final 
    rule does not have sufficient federalism implications to warrant the 
    preparation of a Federalism Assessment.
        For the reasons discussed above, I certify that this action (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. A final evaluation has been prepared for this action 
    and it is contained in the Rules Docket. A copy of it may be obtained 
    from the Rules Docket at the location provided under the caption 
    ADDRESSES.
    
    List of Subjects in 14 CFR Part 39
    
        Air transportation, Aircraft, Aviation safety, Incorporation by 
    reference, Safety.
    
    Adoption of the Amendment
    
        Accordingly, pursuant to the authority delegated to me by the 
    Administrator, the Federal Aviation Administration amends part 39 of 
    the Federal Aviation Regulations (14 CFR part 39) as follows:
    
    [[Page 4906]]
    
    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. Section 39.13 is amended by adding the following new 
    airworthiness directive:
    
    97-03-04--Boeing: Amendment 39-9910. Docket 95-NM-106-AD.
    
        Applicability: Model 727 and 737 airplanes; as listed in Boeing 
    Alert Service Bulletin 727-28A0062, Revision 5, dated May 4, 1995 
    (for Model 727 series airplanes) and Boeing Alert Service Bulletin 
    737-28A1032, Revision 2, dated May 4, 1995 (for Model 737 series 
    airplanes); equipped with forward and/or aft Boeing-designed 
    auxiliary fuel tanks that have been deactivated; certificated in any 
    category.
    
        Note 1: If the forward and/or aft Boeing-designed auxiliary fuel 
    tank(s) on any of the airplanes specified in the applicability 
    provision is currently activated, the requirements of this AD become 
    applicable whenever that auxiliary fuel tank is deactivated.
        Note 2: This AD applies to each airplane identified in the 
    preceding applicability provision, regardless of whether it has been 
    otherwise modified, altered, or repaired in the area subject to the 
    requirements of this AD. For airplanes that have been modified, 
    altered, or repaired so that the performance of the requirements of 
    this AD is affected, the owner/operator must request approval for an 
    alternative method of compliance in accordance with paragraph (b) of 
    this AD. The request should include an assessment of the effect of 
    the modification, alteration, or repair on the unsafe condition 
    addressed by this AD; and, if the unsafe condition has not been 
    eliminated, the request should include specific proposed actions to 
    address it.
    
        Compliance: Required as indicated, unless accomplished 
    previously.
        To prevent the nut of the fuel cap assembly from backing off and 
    the cap from loosening, and subsequently, unwanted fuel transferring 
    to the auxiliary fuel tanks, accomplish the following:
        (a) Within 6 months after the effective date of this AD, 
    accomplish paragraphs (a)(1) and (a)(2) of this AD, in accordance 
    with Part IV of the Accomplishment Instructions of Boeing Alert 
    Service Bulletin 727-28A0062, Revision 5, dated May 4, 1995 (for 
    Model 727 series airplanes); or Boeing Alert Service Bulletin 737-
    28A1032, Revision 2, dated May 4, 1995 (for Model 737 series 
    airplanes); as applicable.
        (1) Replace the fuel cap assembly having part number (P/N) 
    AN929A24 with a new fuel cap assembly having P/N AN929L24 on the 
    inlet fitting at the inside top of the auxiliary fuel tank, in 
    accordance with the applicable service bulletin. And
        (2) Replace the INOP placards with new placards, in accordance 
    with the applicable service bulletin.
        (b) An alternative method of compliance or adjustment of the 
    compliance time that provides an acceptable level of safety may be 
    used if approved by the Manager, Seattle Aircraft Certification 
    Office (ACO), FAA, Transport Airplane Directorate. Operators shall 
    submit their requests through an appropriate FAA Principal 
    Maintenance Inspector, who may add comments and then send it to the 
    Manager, Seattle ACO.
    
        Note 3: Information concerning the existence of approved 
    alternative methods of compliance with this AD, if any, may be 
    obtained from the Seattle ACO.
    
        (c) Special flight permits may be issued in accordance with 
    sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
    CFR 21.197 and 21.199) to operate the airplane to a location where 
    the requirements of this AD can be accomplished.
        (d) The actions shall be done in accordance with Boeing Alert 
    Service Bulletin 727-28A0062, Revision 5, dated May 4, 1995 (for 
    Model 727 series airplanes); or Boeing Alert Service Bulletin 737-
    28A1032, Revision 2, dated May 4, 1995 (for Model 737 series 
    airplanes); as applicable. This incorporation by reference was 
    approved by the Director of the Federal Register in accordance with 
    5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from 
    Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, Washington 
    98124-2207. Copies may be inspected at the FAA, Transport Airplane 
    Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the 
    Office of the Federal Register, 800 North Capitol Street, NW., suite 
    700, Washington, DC.
        (e) This amendment becomes effective on March 10, 1997.
    
        Issued in Renton, Washington, on January 23, 1997.
    Darrell M. Pederson,
    Acting Manager, Transport Airplane Directorate, Aircraft Certification 
    Service.
    [FR Doc. 97-2223 Filed 1-31-97; 8:45 am]
    BILLING CODE 4910-13-U
    
    
    

Document Information

Effective Date:
3/10/1997
Published:
02/03/1997
Department:
Transportation Department
Entry Type:
Rule
Action:
Final rule.
Document Number:
97-2223
Dates:
Effective March 10, 1997.
Pages:
4904-4906 (3 pages)
Docket Numbers:
Docket No. 95-NM-106-AD, Amendment 39-9910, AD 97-03-04
RINs:
2120-AA64: Airworthiness Directives
RIN Links:
https://www.federalregister.gov/regulations/2120-AA64/airworthiness-directives
PDF File:
97-2223.pdf
CFR: (1)
14 CFR 39.13