[Federal Register Volume 70, Number 186 (Tuesday, September 27, 2005)]
[Rules and Regulations]
[Pages 56349-56351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19140]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20785; Directorate Identifier 2005-NM-002-AD; 
Amendment 39-14295; AD 2005-20-02]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 707 Airplanes, and Boeing 
Model 720 and 720B Series Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Boeing Model 707 airplanes, and all Boeing Model 720 and 720B series 
airplanes. This AD requires revising the Limitations section of the 
airplane flight manual (AFM). The AFM revisions include instructions 
for monitoring the low pressure lights for the center tank fuel pumps, 
and a statement prohibiting the resetting of a tripped circuit breaker 
for a fuel pump in any tank. This AD results from fuel system reviews 
conducted by the manufacturer. We are issuing this AD to prevent dry 
operation of the fuel pumps in the center fuel tank, which could result 
in high temperatures or sparks inside the fuel tank, ignition of fuel 
vapors, and consequent fire or explosion. We are also issuing this AD 
to prohibit the resetting of a tripped circuit breaker for a fuel pump 
in any tank, which could allow an electrical fault to override the 
protective features of the circuit breaker, and result in sparks inside 
the fuel tank, ignition of fuel vapors, and consequent fire or 
explosion.

DATES: This AD becomes effective November 1, 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, PO Box 3707, Seattle, 
Washington 98124-2207, for service information identified in this AD.

[[Page 56350]]


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.

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 707 
airplanes, and all Boeing Model 720 and 720B series airplanes. That 
NPRM was published in the Federal Register on April 1, 2005 (70 FR 
16767). That NPRM proposed to require revising the Limitations section 
of the airplane flight manual (AFM). The AFM revisions include 
instructions for monitoring the low pressure lights for the center tank 
fuel pumps, and a statement prohibiting the resetting of a tripped 
circuit breaker for a fuel pump in any tank.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments received.

Support for the AD

    One commenter supports the AD.

Request to Change Airplane Flight Manual (AFM) Wording to be Similar to 
Other AFMs

    The commenter, the airplane manufacturer, requests that we revise 
the wording for the AFM revision that is specified in paragraph (f) of 
the NPRM. The commenter states that the wording should be changed to 
agree with the wording in an FAA-approved AFM, and to be similar to the 
AFM wording for other Boeing airplane models.
    We agree with the commenter. The wording in the AFM revision should 
agree with the previously approved AFM and be similar to the AFM 
wording for other Boeing airplane models. These changes will reduce 
confusion and provide the greatest clarity for the AFM revision. We 
have revised paragraph (f) of the final rule to include the commenter's 
requested changes. However, operators that have previously incorporated 
the information in Approval Reference Number 045151 of the Boeing Model 
707 AFM, dated December 6, 2004, are not required to change the AFM. 
That exclusion is noted in revised wording in paragraph (g) of the 
final rule that emphasizes previous accomplishment of this revision.

Request to Include Sentences for Ground Operations and Flight 
Operations in AFM Revision

    The same commenter requests that we revise the first paragraph of 
the AFM revision specified in paragraph (f) of the NPRM to include two 
sentences regarding resetting the circuit breaker: one for the flight 
case and one for the ground case. The commenter states that the 
proposed change in wording would allow the circuit breaker to be reset 
during ground operations after maintenance has determined it is safe to 
do so. The commenter states that the proposed change is currently 
provided in most flightcrew operations manuals (FCOMs).
    We do not agree with the commenter. We met with the commenter on 
June 30, 2005, to discuss this comment and our response to it. During 
the meeting we discussed the fact that the AFM provides limitations for 
flightcrews to follow during flight operations. The proposed change to 
the AFM would put the flightcrew in the role of maintenance by allowing 
the flightcrew to reset a tripped circuit breaker during ground 
operations. It is more appropriate to incorporate ground limitations 
(and warnings) in the airplane maintenance manual (AMM) rather than the 
AFM, to ensure that these procedures are done by maintenance personnel. 
We also discussed that the procedures in the FAA-approved AFM take 
priority over the FCOM, which is not FAA-approved. During the meeting, 
the commenter stated that, if the proposed changes are not made, it 
would revise the FCOM to prohibit resetting the fuel pump circuit 
breakers both in-flight and on the ground. We are considering 
additional rulemaking to revise the Airworthiness Limitations section 
of the AMM to ensure that maintenance does not reset the circuit 
breaker until it is safe to do so. We have not changed the final rule 
in this regard.

Explanation of Change in Applicability

    We have revised the applicability of the AD to identify the model 
designations as published in the most recent type certificate data 
sheet for the affected models.

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 
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

    There are about 225 airplanes of the affected design in the 
worldwide fleet. The following table provides the estimated costs for 
U.S. operators to comply with this AD.

                                                                     Estimated Costs
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                                                                                                                        Number of U.S.-
                Action                    Work hours     Average labor               Parts                 Cost per        registered       Fleet cost
                                                         rate per hour                                     airplane        airplanes
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Revising AFM.........................               1              $65   None........................             $65               90           $5,850
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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.

[[Page 56351]]

    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 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

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2005-20-02 Boeing: Amendment 39-14295. Docket No. FAA-2005-20785; 
Directorate Identifier 2005-M-002-AD.

Effective Date

    (a) This AD becomes effective November 1, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Boeing Model 707-100 long body, -200, 
-100B long body, and -100B short body series airplanes; Model 707-
300, -300B, -300C, and -400 series airplanes; and Model 720 and 720B 
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 prevent dry operation of the 
fuel pumps in the center fuel tank, which could result in high 
temperatures or sparks inside the fuel tank, ignition of fuel 
vapors, and consequent fire or explosion. We are also issuing this 
AD to prohibit the resetting of a tripped circuit breaker for a fuel 
pump in any tank, which could allow an electrical fault to override 
the protective features of the circuit breaker, and 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.

Airplane Flight Manual (AFM) Revisions

    (f) Within 30 days after the effective date of this AD: Revise 
the Limitations section of the Boeing 707 AFM to include the 
following information. This may be done by inserting a copy of this 
AD into the AFM. Thereafter, operate the airplane in accordance with 
the limitations specified in these AFM revisions.

``Fuel Pumps

    For ground and flight operations, a fuel pump circuit breaker 
which has tripped must not be reset.

Center Tank Fuel Pumps

    Center tank fuel pumps must be `OFF' unless personnel are 
available in the flight deck to monitor low pressure lights.
    Each center tank fuel pump switch must be positioned to `OFF' 
without delay when the respective center tank fuel pump low pressure 
light illuminates.''

    Note 1: When information identical to that in paragraph (f) of 
this AD has been included in the general revision of the AFM, the 
general revision may be inserted into the AFM, and the copy of this 
AD may be removed from the AFM.

Actions Accomplished Previously

    (g) Incorporation of the information in Approval Reference 
Number 045151 of the Boeing Model 707 Airplane Flight Manual before 
the effective date of this AD is considered acceptable for 
compliance with the corresponding action specified in this AD.

Alternative Methods of Compliance (AMOCs)

    (h)(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.
    (3) Before using any AMOC approved in accordance with Sec.  
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

    (i) None.

    Issued in Renton, Washington, on September 16, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-19140 Filed 9-26-05; 8:45 am]
BILLING CODE 4910-13-P