Examining the Docket \n\n\tYou 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. \n\nDiscussion \n\n\tThe 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. \n\nComments \n\n\tWe provided the public the opportunity to participate in the development of this AD. We have considered the comments received. \n\nSupport for the AD \n\n\tOne commenter supports the AD. \n\nRequest to Change Airplane Flight Manual (AFM) Wording to be Similar to Other AFMs \n\n\tThe 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. \n\n\tWe 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 ruleto 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. \n\nRequest to Include Sentences for Ground Operations and Flight Operations in AFM Revision \n\n\tThe 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). \n\n\tWe 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. \n\nExplanation of Change in Applicability \n\n\tWe 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. \n\nClarification of Alternative Method of Compliance (AMOC) Paragraph \n\n\tWe 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. \n\nConclusion \n\n\tWe 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 scopeof the AD. \n\nCosts of Compliance \n\n\tThere 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. \n\n\tEstimated Costs \n\n\nAction \nWork hours \nAverage labor rate per hour \nParts \nCost per airplane \nNumber of U.S.-\nregistered airplanes \nFleet cost \nRevising AFM \n1 \n$65 \nNone \n$65 \n90 \n$5,850 \n\nAuthority for this Rulemaking \n\n\tTitle 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. \n\n\tWe 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. \n\nRegulatory Findings \n\n\tWe 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. \n\n\tFor the reasons discussed above, I certify that this AD: \n\n\t(1) Is not a "significant regulatory action" under Executive Order 12866; \n\n\t(2) Is not a "significant rule" under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and \n\n\t(3) Will not have a significant economic impact, positive or negative, on a substantial numberof small entities under the criteria of the Regulatory Flexibility Act. \n\n\tWe 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. \n\nList of Subjects in 14 CFR Part 39 \n\n\tAir transportation, Aircraft, Aviation safety, Safety. \n\nAdoption of the Amendment \n\nAccordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: \n\nPART 39--AIRWORTHINESS DIRECTIVES \n\n1. The authority citation for part 39 continues to read as follows: \n\n\tAuthority: 49 U.S.C. 106(g), 40113, 44701. \n\nSec. 39.13 (Amended) \n\n2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by adding the following new airworthiness directive (AD):