50690 Federal Register / Vol. 74, No. 189 / Thursday, October 1, 2009 / Rules and Regulations 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Standards Office, 

FAA, has the authority to approve AMOCs 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. Send information to 

ATTN: Greg Davison, Glider Program 

Manager, FAA, Small Airplane Directorate, 

901 Locust, Room 301, Kansas City, Missouri 

64106; telephone: (816) 329–4130; fax: (816) 

329–4090. 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. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act 

(44 U.S.C. 3501 et seq.), the Office of 

Management and Budget (OMB) has 

approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI European Aviation 

Safety Agency (EASA) Emergency AD No.: 

2009–0167–E, dated July 30, 2009, and DG 

Flugzeugbau GmbH Technical Note No. 301/ 

25, 323/16, Rev. 1, dated August 4, 2009, for 

related information. 

Material Incorporated by Reference 

(i) You must use DG Flugzeugbau GmbH 

Technical Note No. 301/25, 323/16, Rev. 1, 

dated August 4, 2009, 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 DG Flugzeugbau GmbH, 

Otto-Lilienthal-Weg 2, 76646 Bruchsal, 

Federal Republic of Germany; telephone: + 

49 (0) 7251 3020140; Fax: +49 (0) 7251 

3020149; Internet: http://www.dgflugzeugbau.de/index-e.html; E-Mail: 

dirks@dg-flugzeugbau.de. 

(3) You may review copies of the service 

information incorporated by reference for 

this AD at the FAA, Central Region, Office of 

the Regional Counsel, 901 Locust, Kansas 

City, Missouri 64106. For information on the 

availability of this material at the Central 

Region, call (816) 329–3768. 

(4) You may also review copies of the 

service information incorporated by reference 

for this AD 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: http://www.archives.gov/federal_register/

code_of_federal_regulations/ibr_

locations.html. 

Issued in Kansas City, Missouri on 

September 24, 2009. 

Scott A. Horn, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–23543 Filed 9–30–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0646; Directorate 

Identifier 2007–NM–359–AD; Amendment 

39–16031; AD 2009–20–08] 

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 certain 

Boeing Model 727 airplanes. This AD 

requires performing an operational test 

of the engine fuel suction feed of the 

fuel system, and other related testing 

and corrective actions if necessary. This 

AD results from a report of in-service 

occurrences of loss of fuel system 

suction feed capability, followed by 

total loss of pressure of the fuel feed 

system. We are issuing this AD to detect 

and correct failure of the engine fuel 

suction feed capability of the fuel 

system, which could result in multiengine flameout, inability to restart the 

engines, and consequent forced landing 

of the airplane. 

DATES: This AD becomes effective 

November 5, 2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of November 5, 2009. 

ADDRESSES: For service information 

identified in this AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, P.O. Box 3707, 

MC 2H–65, Seattle, Washington 98124– 

2207; telephone 206–544–5000, 

extension 1, fax 206–766–5680; e-mail 

me.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; 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: Sue 

Lucier, Aerospace Engineer, Propulsion 

Branch, ANM–140S, FAA, Seattle 

Aircraft Certification Office, 1601 Lind 

Avenue, SW., Renton, Washington 

98057–3356; telephone (425) 917–6438; 

fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: 

Discussion 

The FAA issued a supplemental 

notice of proposed rulemaking (NPRM) 

to amend 14 CFR part 39 to include an 

AD that would apply to certain Boeing 

Model 727 airplanes. That supplemental 

NPRM was published in the Federal 

Register on December 10, 2008 (73 FR 

75009). That supplemental NPRM 

proposed to require performing an 

operational test of the engine fuel 

suction feed of the fuel system, and 

other related testing and corrective 

actions if necessary. That supplemental 

NPRM also proposed to reduce the 

compliance time for low-utilization 

airplanes. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. We have 

considered the comments received on 

the supplemental NPRM. 

Support for the AD 

Boeing concurs with the content of 

the supplemental NPRM. 

Request for Credit for Certain Actions 

in AD 2007–11–08 

FedEx Express states that the 

operational test of the engine fuel 

suction feed of the fuel system, 

provided in Boeing Service Bulletin 

727–28–80, dated June 21,1985, and 

specified in paragraph (f) of the 

supplemental NPRM, seems to be 

equivalent to the operational test 

required by AD 2007–11–08, 

amendment 39–15065 (72 FR 28594, 

May 22, 2007). We referred to Boeing 

Alert Service Bulletin 727–28–A0132, 

dated February 22, 2007, as the 

appropriate source of service 

information for doing certain 

requirements (including an operational 

test) in AD 2007–11–08. FedEx Express 

believes that the supplemental NPRM 

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Federal Register / Vol. 74, No. 189 / Thursday, October 1, 2009 / Rules and Regulations 50691 

accomplishes the same operational test 

as AD 2007–11–08. 

From this comment, we infer that 

FedEx Express is requesting that we give 

credit in this AD for operational tests 

done in accordance with Boeing Alert 

Service Bulletin 727–28–A0132, dated 

February 22, 2007, as required by AD 

2007–11–08. We agree. The operational 

test specified in Boeing Alert Service 

Bulletin 727–28–A0132, dated February 

22, 2007; and Boeing Service Bulletin 

727–28–80, dated June 21, 1985; are 

equivalent procedures found in the 

Boeing 727 airplane maintenance 

manual (AMM). Therefore, we have 

added a new paragraph (g) to this AD, 

and reidentified subsequent paragraphs 

accordingly, to give credit for 

operational tests done in accordance 

with AD 2007–11–08. 

Request for Clarification of Compliance 

With Special Federal Aviation 

Regulation 88 (SFAR 88) Requirements 

FedEx Express asks if Boeing has 

reviewed and identified any critical 

design configuration control limitations 

(CDCCLs) items in Boeing Service 

Bulletin 727–28–80, dated June 21, 

1985. 

From this question, we infer that 

FedEx Express is asking for clarification 

of whether this AD is compliant with 

SFAR 88. We reviewed Boeing Service 

Bulletin 727–28–80, and found that the 

actions specified do not change the 

airplane type design. During SFAR 88 

evaluations, the original design in this 

area was not identified as one requiring 

a CDCCL to comply with the SFAR 88 

requirements. Therefore, there are no 

SFAR 88 CDCCLs associated with 

Boeing Service Bulletin 727–28–80, 

dated June 21, 1985, or this AD. We 

have made no change to the AD in this 

regard. 

Request for Clarification of Functional 

Test 

FedEx Express states that page 24, 

Step G., of Boeing Service Bulletin 727– 

28–80, dated June 21, 1985, specifies 

performing a functional test per the 

Boeing 727 AMM. FedEx Express notes 

that there is no functional test specified 

in the current Boeing 727 AMM. 

From this statement, we infer that 

FedEx Express is requesting clarification 

of the functional test that is provided in 

Boeing Service Bulletin 727–28–80. We 

have reviewed Subject 28–22–0 of the 

Boeing 727 AMM, and have determined 

that the title of the functional test 

specified in the AMM has changed from 

‘‘Engine Fuel Feed System Functional 

Test’’ to ‘‘Engine Fuel Suction Feed— 

Operational Test.’’ Although the title of 

this action has changed, we have 

confirmed that doing the operational 

test, as specified in Boeing Service 

Bulletin 727–28–80, fulfills the 

functional test requirements of this AD. 

We have not changed the AD in this 

regard. 

Request for Clarification of AD 

Requirements 

FedEx Express asks for clarification of 

whether the current actions in the 

supplemental NPRM are applicable to 

airplanes on which the auxiliary fuel 

tanks have been removed and/or 

deactivated. 

We agree that clarification in this 

regard is necessary. The effectivity of 

Boeing Service Bulletin 727–28–80, 

dated June 21, 1985, has been divided 

into airplane groups to reflect different 

engine fuel feed systems and fuel tank 

configurations based on the original 

type certificate configuration. The work 

instructions of Boeing Service Bulletin 

727–28–80, dated June 21, 1985, do not 

address airplane configurations on 

which the auxiliary fuel tanks have been 

removed or deactivated. 

Regardless, as provided in sections 

39.15 through 39.21 of the Federal 

Aviation Regulations (14 CFR 39.15 

through 39.21), an AD applies to each 

product identified in the AD, even if an 

individual product has been changed in 

the area addressed by the AD. If a 

change in a product affects an operator’s 

ability to accomplish actions required 

by the AD, the operator must request 

approval of an alternative method of 

compliance (AMOC). According to the 

provisions of paragraph (i) of this AD, 

we may approve a request to allow an 

AMOC to the requirements of this AD 

for airplanes that have had the auxiliary 

fuel tanks removed or deactivated, if the 

request includes data that show that it 

would provide an acceptable level of 

safety. We have not changed the AD in 

this regard. 

Request to Change Compliance Time 

FedEx Express states that the 

repetitive detailed inspections and 

engine fuel suction feed operational 

tests in AD 2007–11–08 are required at 

intervals not to exceed 15,000 flight 

cycles, whereas the repetitive 

operational tests in the supplemental 

NPRM are required at intervals not to 

exceed 7,000 flight hours or 18 months, 

whichever occurs first. FedEx Express 

adds that the operational test in the 

supplemental NPRM would be repeated 

twice as often within those time 

periods. 

From these statements, we infer that 

FedEx Express is asking that the 

repetitive intervals in the supplemental 

NPRM be changed to match the 

repetitive intervals in AD 2007–11–08. 

We do not agree. The requirements in 

AD 2007–11–08 mandate inspection for 

wear or chafing of the aluminum 

conduit of the fuel boost pump. That AD 

was issued after an outboard fuel tank 

exploded due to arcing of the wire 

against the metal conduit. The intervals 

for the suction feed check in that AD 

coincide with re-inspection of the wire 

bundles. In addition, the latent failure 

condition addressed in the 

supplemental NPRM was re-analyzed 

based on allowable failure rates to 

preclude unsafe system performance, 

while taking into account the timing of 

heavy maintenance checks. Although 

the repetitive interval in the 

supplemental NPRM does equate to 

performing the test twice as often as the 

interval in AD 2007–11–08, analysis 

indicates that doing the test at the 

proposed intervals is necessary to 

address the unsafe condition identified 

in this AD in a timely manner and to 

provide an acceptable level of safety. 

We have not changed the AD in this 

regard. 

Conclusion 

We have carefully reviewed the 

available data, including the comments 

received, and determined that air safety 

and the public interest require adopting 

the AD with the changes described 

previously. We have determined that 

these changes will neither increase the 

economic burden on any operator nor 

increase the scope of the AD. 

Costs of Compliance 

We estimate that this AD affects 709 

airplanes of U.S. registry. We also 

estimate that it takes 1 work-hour per 

product, per test, to comply with this 

AD. The average labor rate is $80 per 

work-hour. Based on these figures, we 

estimate the cost of this AD to the U.S. 

operators to be $56,720, or $80 per 

product, per test. 

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 

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50692 Federal Register / Vol. 74, No. 189 / Thursday, October 1, 2009 / Rules and Regulations 

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 

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, Incorporation by reference, 

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): 

2009–20–08 Boeing: Amendment 39–16031. 

Docket No. FAA–2008–0646; Directorate 

Identifier 2007–NM–359–AD. 

Effective Date 

(a) This AD becomes effective November 5, 

2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to 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 a report of inservice occurrences of loss of fuel system 

suction feed capability, followed by total loss 

of pressure of the fuel feed system. We are 

issuing this AD to detect and correct failure 

of the engine fuel suction feed of the fuel 

system, which could result in multi-engine 

flameout, inability to restart the engines, and 

consequent forced landing of the airplane. 

Compliance 

(e) Comply with this AD within the 

compliance times specified, unless already 

done. 

Operational Test/Other Specified Actions 

(f) Within 7,000 flight hours or 18 months 

after the effective date of this AD, whichever 

occurs first: Perform an operational test of the 

engine fuel suction feed of the fuel system, 

and perform all other related testing and 

corrective actions, as applicable, before 

further flight, in accordance with the 

Accomplishment Instructions of Boeing 

Service Bulletin 727–28–80, dated June 21, 

1985. Repeat the operational test thereafter at 

intervals not to exceed 7,000 flight hours or 

36 months, whichever occurs first. 

Credit for Actions Done in Accordance With 

AD 2007–11–08, Amendment 39–15065 

(g) Operational tests of the engine fuel 

suction feed of the fuel system and followon corrective actions done in accordance 

with the requirements of AD 2007–11–08 are 

acceptable for compliance with the 

corresponding requirements of this AD if 

done within the compliance time specified in 

this AD. 

Operator’s Equivalent Procedure 

(h) If any discrepancy is found, and Boeing 

Service Bulletin 727–28–80, dated June 21, 

1985, specifies that certain actions (i.e., a 

vacuum test of the fuel feed system) may be 

accomplished using an operator’s 

‘‘equivalent procedure’’ (with substitute test 

equipment): The actions must be 

accomplished in accordance with Figure 4 of 

Boeing Service Bulletin 727–28–80, dated 

June 21, 1985. 

Alternative Methods of Compliance 

(AMOCs) 

(i)(1) The Manager, Seattle Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. Send information to ATTN: Sue 

Lucier, Aerospace Engineer, Propulsion 

Branch, ANM–140S, FAA, Seattle ACO, 1601 

Lind Avenue, SW., Renton, Washington 

98057–3356; telephone (425) 917–6438; fax 

(425) 917–6590. Or, e-mail information to 9- 

ANM-Seattle-ACO-AMOC-Requests@faa.gov. 

(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 principal maintenance inspector 

(PMI) or principal avionics inspector (PAI), 

as appropriate, or lacking a principal 

inspector, your local Flight Standards District 

Office. The AMOC approval letter must 

specifically reference this AD. 

Material Incorporated by Reference 

(j) You must use Boeing Service Bulletin 

727–28–80, dated June 21, 1985, 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, Attention: Data & Services 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, Washington 98124–2207; telephone 

206–544–5000, extension 1, fax 206–766– 

5680; e-mail me.boecom@boeing.com; 

Internet https://www.myboeingfleet.com. 

(3) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221 or 425–227–1152. 

(4) You may also review copies of the 

service information that is incorporated by 

reference 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: http://www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on 

September 18, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–23508 Filed 9–30–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–1363; Directorate 

Identifier 2008–NM–104–AD; Amendment 

39–16032; AD 2009–20–09] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 767–200, –300, and –300F Series 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Boeing Model 767–200, –300, and 

–300F series airplanes. This AD requires 

repetitive inspections for fatigue 

cracking and corrosion of the upper link 

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