[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