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Federal Register / Vol. 73, No.

51 / Friday, March 14, 2008 / Proposed Rules 13803

DEPARTMENT OF TRANSPORTATION received, and other information. The sources in the fuel tanks. This
street address for the Docket Office requirement applies to design approval
Federal Aviation Administration (telephone 800–647–5527) is in the holders for large turbine-powered
ADDRESSES section. Comments will be transport airplanes and for subsequent
14 CFR Part 39 available in the AD docket shortly after modifications to those airplanes. It
[Docket No. FAA–2008–0298; Directorate receipt. requires them to perform design reviews
Identifier 2007–NM–316–AD] FOR FURTHER INFORMATION CONTACT: and to develop design changes and
Mazdak Hobbi, Aerospace Engineer, maintenance procedures if their designs
RIN 2120–AA64 do not meet the new fuel tank safety
Airframe and Propulsion Branch, ANE–
Airworthiness Directives; Various 171, FAA, New York Aircraft standards. As explained in the preamble
Transport Category Airplanes Certification Office, 1600 Stewart to the rule, we intended to adopt
Equipped with Auxiliary Fuel Tanks Avenue, Suite 410, Westbury, New York airworthiness directives to mandate any
Installed in Accordance with Certain 11590; telephone (516) 228–7330; fax changes found necessary to address
Supplemental Type Certificates (516) 794–5531. unsafe conditions identified as a result
SUPPLEMENTARY INFORMATION: of these reviews.
AGENCY: Federal Aviation In evaluating these design reviews, we
Administration (FAA), Department of Comments Invited
have established four criteria intended
Transportation (DOT). We invite you to send any written to define the unsafe conditions
ACTION: Notice of proposed rulemaking relevant data, views, or arguments about associated with fuel tank systems that
(NPRM). this proposed AD. Send your comments require corrective actions. The
to an address listed under the percentage of operating time during
SUMMARY: The FAA proposes to adopt a ADDRESSES section. Include ‘‘Docket No. which fuel tanks are exposed to
new airworthiness directive (AD) for FAA–2008–0298; Directorate Identifier
various transport category airplanes. flammable conditions is one of these
2007–NM–316–AD’’ at the beginning of criteria. The other three criteria address
This proposed AD would require your comments. We specifically invite
deactivation of PATS Aircraft, LLC, the failure types under evaluation:
comments on the overall regulatory, single failures, single failures in
auxiliary fuel tanks. This proposed AD economic, environmental, and energy
results from fuel system reviews combination with another latent
aspects of this proposed AD. We will condition(s), and in-service failure
conducted by the manufacturer, which consider all comments received by the
identified potential unsafe conditions experience. For all four criteria, the
closing date and may amend this evaluations included consideration of
for which the manufacturer has not proposed AD because of those
provided corrective actions. We are previous actions taken that may mitigate
comments. the need for further action.
proposing this AD to prevent the We will post all comments we
potential of ignition sources inside fuel receive, without change, to http:// We have determined that the actions
tanks, which, in combination with www.regulations.gov, including any identified in this proposed AD are
flammable fuel vapors, could result in personal information you provide. We necessary to reduce the potential of
fuel tank explosions and consequent will also post a report summarizing each ignition sources inside fuel tanks,
loss of the airplane. substantive verbal contact we receive which, in combination with flammable
DATES: We must receive comments on about this proposed AD. fuel vapors, could result in fuel tank
this proposed AD by April 28, 2008. explosions and consequent loss of the
Discussion airplane.
ADDRESSES: You may send comments by
any of the following methods: The FAA has examined the Supplemental Type Certificates (STCs)
• Federal eRulemaking Portal: Go to underlying safety issues involved in fuel for PATS Aircraft, LLC, Auxiliary Fuel
http://www.regulations.gov. Follow the tank explosions on several large Tanks
instructions for submitting comments. transport airplanes, including the
• Fax: 202–493–2251. adequacy of existing regulations, the The auxiliary fuel tank STCs on
• Mail: U.S. Department of service history of airplanes subject to affected airplanes are of two basic type
Transportation, Docket Operations, those regulations, and existing designs: A box-and-bladder type, and a
M–30, West Building Ground Floor, maintenance practices for fuel tank double-walled cylindrical type. The
Room W12–140, 1200 New Jersey systems. As a result of those findings, box-and-bladder tanks are emptied and
Avenue, SE., Washington, DC 20590. we issued a regulation titled ‘‘Transport vented into the airplane center wing
• Hand Delivery: U.S. Department of Airplane Fuel Tank System Design tank using either pneumatic air pressure
Transportation, Docket Operations, Review, Flammability Reduction and supplied from the airplane, or electrical
M–30, West Building Ground Floor, Maintenance and Inspection power from the airplane to power fuel
Room W12–140, 1200 New Jersey Requirements’’ (66 FR 23086, May 7, pumps installed in the tank external dry
Avenue, SE., Washington, DC 20590, 2001). In addition to new airworthiness bay area. The double-walled cylindrical
between 9 a.m. and 5 p.m., Monday standards for transport airplanes and tanks use pneumatic air pressure to
through Friday, except Federal holidays. new maintenance requirements, this empty into the airplane center wing
rule included Special Federal Aviation tank. All auxiliary tanks use some type
Examining the AD Docket Regulation No. 88 (‘‘SFAR 88,’’ of electrical fuel quantity indication
You may examine the AD docket on Amendment 21–78, and subsequent system (FQIS), flight deck control and
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the Internet at http:// Amendments 21–82 and 21–83). annunciation panels, float level
www.regulations.gov; or in person at the Among other actions, SFAR 88 switches, valves and venting systems,
Docket Management Facility between requires certain type design (i.e., type electrical wiring connections in the dry
9 a.m. and 5 p.m., Monday through certificate (TC) and supplemental type bay area, and electrical bonding
Friday, except Federal holidays. The AD certificate (STC) design approval) methods. PATS Aircraft, LLC, the STC
docket contains this proposed AD, the holders to substantiate that their fuel holder, has not complied with the
regulatory evaluation, any comments tank systems can prevent ignition requirements of SFAR 88, paragraph 2.

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13804 Federal Register / Vol. 73, No. 51 / Friday, March 14, 2008 / Proposed Rules

FAA’s Findings conducting a one-time inspection and/ condition that is likely to exist or
During the SFAR 88 safety or replacing aging float level switch develop on other products of this same
assessment, it was determined that the conduit assemblies, periodically type design. For this reason, we are
PATS Aircraft, LLC, FQIS and float level inspecting the external dry bay system proposing this AD, which would require
switch did not meet intrinsically safe components and wires, and testing the deactivation to prevent usage of
integrity of bonding resistances. auxiliary fuel tanks.
electrical energy levels as described in
If operators do not wish to deactivate
the guidelines of Advisory Circular (AC) Explanation of Compliance Time
their auxiliary fuel tanks, we will
25.981–1B, ‘‘Fuel Tank Ignition Source consider requests for alternative
Prevention Guidelines.’’ PATS Aircraft, In most ADs, we adopt a compliance
methods of compliance (AMOCs). The time allowing a specified amount of
LLC, identified potential ignition most likely requests would be to allow
sources resulting from a combination of time after the AD’s effective date. In this
continued use of the tanks by showing case, however, the FAA has already
single and latent failures for the PATS compliance with SFAR 88. This would
Aircraft, LLC, fuel tank subsystems. To issued regulations that require operators
involve obtaining STCs to modify the to revise their maintenance/inspection
prevent high electrical energy levels auxiliary fuel tank systems and
from the FQIS and float level switch programs to address fuel tank safety
developing maintenance procedures to issues. The compliance date for these
from entering the auxiliary fuel tank, we address the safety issues identified
have determined that the appropriate regulations is December 16, 2008. To
above. PATS Aircraft, LLC, as the provide for coordinated implementation
solution for continued use is a current STC holder, may be working on
combination of actions. First, installing of these regulations and this proposed
AMOCs. Operators may contact PATS or
a transient suppression device (TSD) on AD, we are using this same compliance
propose an AMOC on their own.
FQIS and float level switches would be date in this proposed AD.
Once an operator has deactivated a
needed. In order to maximize wire tank as proposed by this NPRM, the Costs of Compliance
separation, the TSD must be installed as operator might wish to remove the tank.
close as possible to the points where the This would require a separate design The following table provides the
FQIS and float level switch wires exit approval, if an approved tank removal estimated costs for the 59 U.S.-
the TSD and enter the auxiliary tank. procedure does not exist. registered airplanes to comply with this
Other actions might include replacing proposed AD. Based on these figures,
high-energy FQISs, and float level FAA’s Determination and Requirements the estimated costs for U.S. operators
switches that are impractical for TSD of the Proposed AD could be as high as $382,320 to prepare
application with intrinsically safe We have evaluated all pertinent and report the deactivation procedures,
FQISs, providing wire separation, information and identified an unsafe and $212,400 to deactivate tanks.

ESTIMATED COSTS
Work Average labor
Action Parts Individual cost
hours rate per hour

Report .................................................................................................................... 1 $80 None ............ $80, per STC.


Preparation of tank deactivation procedure .......................................................... 80 $80 None ............ $6,400, per STC.
Physical tank deactivation ..................................................................................... 30 $80 $1,200 .......... $3,600, per air-
plane.

Authority for This Rulemaking Regulatory Findings this proposed AD and placed it in the
We have determined that this AD docket. See the ADDRESSES section
Title 49 of the United States Code for a location to examine the regulatory
specifies the FAA’s authority to issue proposed AD would not have federalism
implications under Executive Order evaluation.
rules on aviation safety. Subtitle I,
Section 106, describes the authority of 13132. This proposed AD would not List of Subjects in 14 CFR Part 39
the FAA Administrator. Subtitle VII, have a substantial direct effect on the
States, on the relationship between the Air transportation, Aircraft, Aviation
Aviation Programs, describes in more safety, Safety.
national Government and the States, or
detail the scope of the Agency’s
on the distribution of power and The Proposed Amendment
authority.
responsibilities among the various
We are issuing this rulemaking under levels of government. Accordingly, under the authority
the authority described in Subtitle VII, For the reasons discussed above, I delegated to me by the Administrator,
Part A, Subpart III, Section 44701, certify that the proposed regulation: the FAA proposes to amend 14 CFR part
‘‘General requirements.’’ Under that 1. Is not a ‘‘significant regulatory 39 as follows:
section, Congress charges the FAA with action’’ under Executive Order 12866;
promoting safe flight of civil aircraft in 2. Is not a ‘‘significant rule’’ under the PART 39—AIRWORTHINESS
air commerce by prescribing regulations DOT Regulatory Policies and Procedures DIRECTIVES
for practices, methods, and procedures (44 FR 11034, February 26, 1979); and
1. The authority citation for part 39
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the Administrator finds necessary for 3. Will not have a significant


safety in air commerce. This regulation economic impact, positive or negative, continues to read as follows:
is within the scope of that authority on a substantial number of small entities Authority: 49 U.S.C. 106(g), 40113, 44701.
because it addresses an unsafe condition under the criteria of the Regulatory
§ 39.13 [Amended]
that is likely to exist or develop on Flexibility Act.
products identified in this rulemaking We prepared a regulatory evaluation 2. The Federal Aviation
action. of the estimated costs to comply with Administration (FAA) amends § 39.13

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Federal Register / Vol. 73, No. 51 / Friday, March 14, 2008 / Proposed Rules 13805

by adding the following new Comments Due Date Applicability


airworthiness directive (AD): (a) The FAA must receive comments on (c) This AD applies to airplanes,
this AD action by April 28, 2008. certificated in any category and equipped
Various Transport Category Airplanes:
with auxiliary fuel tanks installed in
Docket No. FAA–2008–0298; Directorate Affected ADs accordance with specified supplemental type
Identifier 2007–NM–316–AD. certificates (STCs), as identified in Table 1 of
(b) None.
this AD.

TABLE 1.—AFFECTED AIRPLANES


Airplanes Auxiliary tank STC(s)

Boeing Model 727 series airplanes .......................................................... SA62NE, SA392NE, SA530NE.


Boeing Model 727–100 series airplanes .................................................. SA62NE, SA387NE, SA392NE, SA530NE, ST00466NY.
Boeing Model 727–200 series airplanes .................................................. SA84NE, SA387NE, SA450NE, SA496NE.
Boeing Model 737–200 series airplanes .................................................. SA83NE, SA725NE, SA1078NE, SA1265EA.
Boeing Model 737–200C series airplanes ............................................... SA725NE.
Boeing Model 737–300 series airplanes .................................................. SA500NE, SA542NE, SA553NE, SA714NE, SA725NE, ST01552NY.
Boeing Model 737–400 series airplanes .................................................. SA553NE, SA725NE.
Boeing Model 737–500 series airplanes .................................................. SA725NE, ST00040NY, ST01337NY.
Boeing Model 737–700 series airplanes (increased gross weight) ......... ST00936NY, ST01650NY, ST01650NY–D, ST01716NY–D.
Boeing Model 737–800 series airplanes .................................................. ST01384NY, ST01384NY–D, ST01713NY–D.
Boeing Model 757–200 series airplanes (without overwing doors) ......... SA979NE.
Boeing Model 767–200 series airplanes .................................................. ST00840NY.
Bombardier Model CL–600–2B19 (Regional Jet Series 100 & 440) air- ST00365NY, ST00365NY–D.
planes.
McDonnell Douglas Model DC–8–62 airplanes ....................................... SA936NE.
McDonnell Douglas Model DC–9–33F airplanes ..................................... ST00605NY.
McDonnell Douglas Model DC–9–81 (MD–81) airplanes ........................ ST00409NY.
McDonnell Douglas Model DC–9–82 (MD–82) airplanes ........................ ST00409NY.
McDonnell Douglas Model DC–9–83 (MD–83) airplanes ........................ ST00218AT, ST00409NY.
McDonnell Douglas Model DC–9–87 (MD–87) airplanes ........................ ST00523NY.

Unsafe Condition a deactivation procedure approved by the Appendix A—Deactivation Criteria


(d) This AD results from fuel system Manager of the New York ACO. Any The auxiliary fuel tank deactivation
reviews conducted by the manufacturer, auxiliary tank component that remains on the procedure required by paragraph (g) of this
which identified potential unsafe conditions airplane must be secured and must have no AD should address the following actions.
for which the manufacturer has not provided effect on the continued operational safety (1) Permanently drain auxiliary fuel tanks,
corrective actions. We are issuing this AD to and airworthiness of the airplane. and clear them of fuel vapors to eliminate the
prevent the potential of ignition sources Deactivation must not result in the need for possibility of out-gassing of fuel vapors from
inside fuel tanks, which, in combination with additional instructions for continued the emptied auxiliary tank.
flammable fuel vapors, could result in fuel airworthiness. (2) Disconnect all electrical connections
tank explosions and consequent loss of the Note 1: Appendix A of this AD provides from the fuel quantity indication system
airplane. criteria that should be included in the (FQIS), fuel pumps if applicable, float
deactivation procedure. The proposed switches, and all other electrical connections
Compliance required for auxiliary tank operation, and
deactivation procedures should be submitted
(e) You are responsible for having the stow them at the auxiliary tank interface.
actions required by this AD performed within to the Manager, New York ACO, as soon as
(3) Disconnect all pneumatic connections if
the compliance times specified, unless the possible to ensure timely review and
applicable, cap them at the pneumatic
actions have already been done. approval. source, and secure them.
Note 2: For technical information, contact (4) Disconnect all fuel feed and fuel vent
Report
Mazdak Hobbi, Aerospace Engineer, Airframe plumbing interfaces with airplane original
(f) Within 45 days after the effective date and Propulsion Branch, ANE–171, FAA, New equipment manufacturer (OEM) tanks, cap
of this AD, submit a report to the Manager, York Aircraft Certification Office, 1600 them at the airplane tank side, and secure
New York Aircraft Certification Office (ACO), Stewart Avenue, Suite 410, Westbury, New them in accordance with a method approved
FAA. The report must include the York 11590; telephone (516) 228–7330; fax by the FAA; one approved method is
information listed in paragraphs (f)(1) and (516) 794–5531. specified in AC 25–8 Fuel Tank Flammability
(f)(2) of this AD. Under the provisions of the Minimization. In order to eliminate the
Paperwork Reduction Act (44 U.S.C. 3501 et Alternative Methods of Compliance possibility of structural deformation during
seq.), the Office of Management and Budget (AMOCs) cabin decompression, leave open and secure
(OMB) has approved the information the disconnected auxiliary fuel tank vent
collection requirements contained in this AD, (h)(1) The Manager, New York ACO, FAA, lines.
and assigned OMB Control Number 2120– has the authority to approve AMOCs for this (5) Pull and collar all circuit breakers used
0056. AD, if requested in accordance with the to operate the auxiliary tank.
(1) The airplane registration and auxiliary procedures found in 14 CFR 39.19. (6) Revise the weight and balance
tank STC number installed. (2) To request a different method of document, if required, and obtain FAA
compliance or a different compliance time
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(2) The usage frequency in terms of total approval.


number of flights per year and total number for this AD, follow the procedures in 14 CFR (7) Amend the applicable sections of the
of flights per year for which the auxiliary 39.19. Before using any approved AMOC on applicable airplane flight manual (AFM) to
tank is used. any airplane to which the AMOC applies, indicate that the auxiliary fuel tank is
notify your appropriate principal inspector deactivated. Remove auxiliary fuel tank
Prevent Usage of Auxiliary Fuel Tanks (PI) in the FAA Flight Standards District operating procedures to ensure that only the
(g) Before December 16, 2008, deactivate Office (FSDO), or lacking a PI, your local OEM fuel system operational procedures are
the auxiliary fuel tanks, in accordance with FSDO. contained in the AFM. Amend the

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13806 Federal Register / Vol. 73, No. 51 / Friday, March 14, 2008 / Proposed Rules

Limitations Section of the AFM to indicate air tube assemblies at left-hand (LH) and FAA, Airplane Certification Office, 2601
that the AFM Supplement for the STC is not right-hand (RH) inboard wing leading Meacham Blvd., Fort Worth, Texas
in effect. Place a placard in the flight deck edge/battery box areas, LH/RH wing 76137; telephone: (817) 222–5133; fax:
indicating that the auxiliary tank is stations 51.167 to 81.174, and at all (817) 222–5960.
deactivated. The AFM revisions specified in
this paragraph may be accomplished by
feed-through locations into the LH/RH SUPPLEMENTARY INFORMATION:
inserting a copy of this AD into the AFM. inboard keelson. If chafing/arcing is
(8) Amend the applicable sections of the found, this proposed AD would require Comments Invited
applicable airplane maintenance manual to you to reposition, repair, and/or replace We invite you to send any written
remove auxiliary tank maintenance all chafed electrical wires, components, relevant data, views, or arguments
procedures. and hydraulic and bleed air tube regarding this proposed AD. Send your
(9) After the auxiliary fuel tank is assemblies, as required. This proposed
deactivated, accomplish procedures such as
comments to an address listed under the
AD would also require you to reposition ADDRESSES section. Include the docket
leak checks and pressure checks deemed the battery lead cables, cover four-gauge
necessary before returning the airplane to number, ‘‘FAA–2008–0313; Directorate
service. These procedures must include
wires leaving the battery box with Identifier 2007–CE–095–AD’’ at the
verification that the airplane FQIS and fuel firesleeving and secure with clamps, beginning of your comments. We
distribution systems have not been adversely and protect the battery power cable. specifically invite comments on the
affected. This proposed AD results from five overall regulatory, economic,
(10) Revise the instructions for continued reports of chafing between the bleed air environmental, and energy aspects of
airworthiness, as required, after deactivation. tube and the electrical starter cables the proposed AD. We will consider all
(11) Include with the operator’s proposed with one incident resulting in a fire. We
procedures any relevant information or
comments received by the closing date
are proposing this AD to detect and and may amend the proposed AD in
additional steps that are deemed necessary correct chafing/arcing of electrical
by the operator to comply with the light of those comments.
deactivation and return the airplane to
wires, components, and bleed air lines. We will post all comments we
service. This condition could result in arcing of receive, without change, to http://
the exposed wires and burn a hole in www.regulations.gov, including any
Issued in Renton, Washington, on March 7, the bleed air line or the nearby
2008. personal information you provide. We
hydraulic line, and lead to a possible will also post a report summarizing each
Ali Bahrami, hydraulic fluid leak and fire in the
Manager, Transport Airplane Directorate, substantive verbal contact we receive
engine nacelle compartment. concerning this proposed AD.
Aircraft Certification Service.
DATES: We must receive comments on
[FR Doc. E8–5148 Filed 3–13–08; 8:45 am] Discussion
this proposed AD by May 13, 2008.
BILLING CODE 4910–13–P
ADDRESSES: Use one of the following We have received five reports of
addresses to comment on this proposed chafing between the bleed air tube and
DEPARTMENT OF TRANSPORTATION AD: the electrical starter cables on SA226
• Federal eRulemaking Portal: Go to and SA227 series airplanes. One report
Federal Aviation Administration http://www.regulations.gov. Follow the also noted the chafing damage resulted
instructions for submitting comments. in a fire on a Model SA226TC airplane.
14 CFR Part 39 • Fax: (202) 493–2251. Subsequent review by the FAA of the
• Mail: U.S. Department of service experience of SA226 and SA227
[Docket No. FAA–2008–0313; Directorate
Transportation, Docket Operations, M– series airplanes indicates that
Identifier 2007–CE–095–AD]
30, West Building Ground Floor, Room inadequate clearance for electrical
RIN 2120–AA64 W12–140, 1200 New Jersey Avenue, SE., wires/components, hydraulic and bleed
Washington, DC 20590. air tube assemblies at LH/RH inboard
Airworthiness Directives; M7 • Hand Delivery: U.S. Department of wing leading edge/battery box areas,
Aerospace LP SA226 and SA227 Series Transportation, Docket Operations, M– LH/RH wing stations 51.167 to 81.174,
Airplanes 30, West Building Ground Floor, Room and at all feed-through locations into
AGENCY: Federal Aviation W12–140, 1200 New Jersey Avenue, SE., the LH/RH inboard keelson caused the
Administration (FAA), Department of Washington, DC 20590, between 9 a.m. chafing/arcing.
Transportation (DOT). and 5 p.m., Monday through Friday, This condition, if not corrected, could
except Federal holidays. result in arcing of the exposed wires and
ACTION: Notice of proposed rulemaking
For service information identified in burn a hole in the bleed air line or the
(NPRM).
this proposed AD, contact M7 nearby hydraulic line, and lead to a
SUMMARY: We propose to adopt a new Aerospace Repair Station, P.O. Box possible hydraulic fluid leak and fire in
airworthiness directive (AD) for certain 790490, San Antonio, Texas 78279– the engine nacelle compartment.
M7 Aerospace LP SA226 and SA227 0490; telephone: (210) 824–9421; fax:
(210) 804–7789. Relevant Service Information
series airplanes. This proposed AD
would require you to inspect electrical FOR FURTHER INFORMATION CONTACT: We have reviewed the following
wires/components, hydraulic and bleed Werner Koch, Aerospace Engineer, service bulletins and procedures:

Service Bulletin Applicable model(s) of airplane(s) Procedures described


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M7 Aerospace SA226 Series Service Bulletin SA226–AT, SA226–T, and SA226–TC ............ Inspecting electrical wires/components, hy-
No. 226–24–036, issued: September 19, draulic and bleed air tube assemblies at
2007. LH/RH inboard wing leading edge/battery
box areas, LH/RH wing stations 51.167 to
81.174, and at all feed-through locations
into the LH/RH inboard keelson.

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