[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]
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