[Federal Register: March 28, 2008 (Volume 73, Number 61)]
[Rules and Regulations]
[Page 16515-16517]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28mr08-1]
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Rules and Regulations
Federal Register
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[[Page 16515]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-0389; Directorate Identifier 2007-NM-222-AD;
Amendment 39-15450; AD 2008-07-09]
RIN 2120-AA64
Airworthiness Directives; Various Transport Category Airplanes
Equipped With Auxiliary Fuel Tanks Installed in Accordance With Certain
Supplemental Type Certificates
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for various
transport category airplanes. This AD requires deactivation of
Southeast Aero-Tek, Inc., auxiliary fuel tanks. This AD results from
fuel system reviews conducted by the manufacturer, which identified
potential unsafe conditions for which the manufacturer has not provided
corrective actions. We are issuing this AD to prevent the potential of
ignition sources inside fuel tanks, which, in combination with
flammable fuel vapors, could result in fuel tank explosions and
consequent loss of the airplane.
DATES: This AD is effective May 2, 2008.
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: Robert Bosak, Aerospace Engineer,
Propulsion and Services Branch, ACE-118A, FAA, Atlanta Aircraft
Certification Office, One Crown Center, 1895 Phoenix Boulevard, Suite
450, Atlanta, Georgia 30349; telephone (770) 703-6094; fax (770) 703-
6097.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness directive (AD) that would apply to
various transport category airplanes equipped with auxiliary fuel tanks
installed in accordance with certain supplemental type certificates
(STCs). That NPRM was published in the Federal Register on January 2,
2008 (73 FR 84). That NPRM proposed to require deactivation of
Southeast Aero-Tek, Inc., auxiliary fuel tanks.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comment received from the one commenter.
Request To Clarify Proposed Applicability
FedEx Express requests that we clarify the applicability statement
in the NPRM to state that the AD does not apply to airplanes where
auxiliary tanks were removed by an FAA-approved method. FedEx states
that the unsafe condition does not exist on these airplanes.
We agree that the unsafe condition does not exist on the airplanes
FedEx describes. We have included a statement in paragraph (c) of the
final rule that excludes these airplanes.
Explanation of Change to Product Identification Line
We have changed the product identification line of the AD from
``Various Transport Category Airplanes'' to ``Southeast Aero-Tek,
Inc.'' In ADs written against products with an STC, that statement is
intended to identify the name of the STC holder.
Conclusion
We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting the
AD with the changes described previously. We also determined that these
changes will not increase the economic burden on any operator or
increase the scope of the AD.
Costs of Compliance
The following table provides the estimated costs for the 37 U.S.-
registered airplanes to comply with this AD. Based on these figures,
the estimated costs for U.S. operators could be as high as $239,760 to
prepare and report the deactivation procedures, and $133,200 to
deactivate tanks.
Estimated Costs
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Average labor
Action Work hours rate per hour Parts Individual cost
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Report............................ 1 $80 None................. $80, per STC.
Preparation of tank deactivation 80 80 None................. $6,400, per STC.
procedure.
Physical tank deactivation........ 30 80 $1,200............... $3,600, per airplane.
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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.
We are issuing this rulemaking under the authority described in
``Subtitle VII,
[[Page 16516]]
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
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.
You can find our regulatory evaluation and the estimated costs of
compliance in the AD Docket.
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 FAA amends Sec. 39.13 by adding the following new AD:
2008-07-09 Southeast Aero-Tek, Inc.: Amendment 39-15450. Docket No.
FAA-2007-0389; Directorate Identifier 2007-NM-222-AD.
Effective Date
(a) This airworthiness directive (AD) is effective May 2, 2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to airplanes, certificated in any category,
equipped with auxiliary fuel tanks installed in accordance with
specified supplemental type certificates (STCs), as identified in
Table 1 of this AD. This AD does not apply to any airplane where an
auxiliary fuel tank was installed in accordance with an STC
identified in Table 1 of this AD and subsequently removed by an FAA-
approved method.
Table 1.--Affected Airplanes
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Airplanes Auxiliary tank STC(s)
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Boeing Model 727-100 series airplanes..... ST01587AT
Boeing Model 727-200 and -200F series SA2033NM, SA1474SO
airplanes.
McDonnell Douglas Model DC-9-14 airplanes. SA1334NM
McDonnell Douglas Model DC-9-32, DC-9-32 SA1710SO, SA1358NM
(VC-9C), DC-9-32F, DC-9-33F, and DC-9-32F
(C-9A, C-9B) airplanes.
------------------------------------------------------------------------
Unsafe Condition
(d) This AD results from fuel system reviews conducted by the
manufacturer, which identified potential unsafe conditions for which
the manufacturer has not provided corrective actions. We are issuing
this AD to prevent the potential of ignition sources inside fuel
tanks, which, in combination with flammable fuel vapors, could
result in fuel tank explosions and consequent loss of the airplane.
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.
Report
(f) Within 45 days after the effective date of this AD, submit a
report to the Manager, Atlanta Aircraft Certification Office (ACO),
FAA. The report must include the information listed in paragraphs
(f)(1) and (f)(2) of 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
contained in this AD, and assigned OMB Control Number 2120-0056.
(1) The airplane registration and auxiliary tank STC number
installed.
(2) The usage frequency in terms of total number of flights per
year and total number of flights per year for which the auxiliary
tank is used.
Prevent Usage of Auxiliary Fuel Tanks
(g) On or before December 16, 2008, deactivate the auxiliary
fuel tanks, in accordance with a deactivation procedure approved by
the Manager, Atlanta ACO. Any auxiliary tank component that remains
on the airplane must be secured and must have no effect on the
continued operational safety and airworthiness of the airplane.
Deactivation may not result in the need for additional instructions
for continued airworthiness.
Note 1: Appendix A of this AD provides criteria that should be
included in the deactivation procedure. The proposed deactivation
procedures should be submitted to the Manager, Atlanta ACO, as soon
as possible to ensure timely review and approval.
Note 2: For technical information, contact Randy Smith,
President, Southeast Aero-Tek, Inc., 675 Oleander Drive, Merritt
Island, Florida 32952; telephone (321) 453-7876; fax (321) 453-7872.
Alternative Methods of Compliance (AMOCs)
(h)(1) The Manager, Atlanta ACO, FAA, has the authority to
approve AMOCs for this AD, if requested in accordance with the
procedures found in 14 CFR 39.19.
(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 appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
Material Incorporated by Reference
(i) None.
Appendix A--Deactivation Criteria
The auxiliary fuel tank deactivation procedure required by
paragraph (g) of this AD should address the following actions.
(1) Permanently drain auxiliary fuel tanks, and clear them of
fuel vapors to eliminate the possibility of out-gassing of fuel
vapors from the emptied auxiliary tank.
(2) Disconnect all electrical connections from the fuel quantity
indication system (FQIS), fuel pumps if applicable, float switches,
and all other electrical connections required for auxiliary tank
operation, and stow them at the auxiliary tank interface.
(3) Disconnect all pneumatic connections if applicable, cap them
at the pneumatic source, and secure them.
(4) Disconnect all fuel feed and fuel vent plumbing interfaces
with airplane original equipment manufacturer (OEM) tanks, cap them
at the airplane tank side, and secure them in accordance with a
method approved by the FAA; one approved method is specified in
Advisory Circular 25-8 Fuel Tank Flammability Minimization. In order
to eliminate the possibility of structural deformation during cabin
decompression, leave open and secure the disconnected auxiliary fuel
tank vent lines.
(5) Pull and collar all circuit breakers used to operate the
auxiliary tank.
[[Page 16517]]
(6) Revise the weight and balance document, if required, and
obtain FAA approval.
(7) Amend the applicable sections of the applicable airplane
flight manual (AFM) to indicate that the auxiliary fuel tank is
deactivated. Remove auxiliary fuel tank operating procedures to
ensure that only the OEM fuel system operational procedures are
contained in the AFM. Amend the Limitations Section of the AFM to
indicate that the AFM Supplement for the STC is not in effect. Place
a placard in the flight deck indicating that the auxiliary tank is
deactivated. The AFM revisions specified in this paragraph may be
accomplished by inserting a copy of this AD into the AFM.
(8) Amend the applicable sections of the applicable airplane
maintenance manual to remove auxiliary tank maintenance procedures.
(9) After the auxiliary fuel tank is deactivated, accomplish
procedures such as leak checks and pressure checks deemed necessary
before returning the airplane to service. These procedures must
include verification that the airplane FQIS and fuel distribution
systems have not been adversely affected.
(10) Include with the operator's proposed procedures any
relevant information or additional steps that are deemed necessary
by the operator to comply with the deactivation and return the
airplane to service.
Issued in Renton, Washington, on March 20, 2008.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-6298 Filed 3-27-08; 8:45 am]
BILLING CODE 4910-13-P