Airworthiness Directives; Various Transport Category Airplanes Equipped With Auxiliary Fuel Tanks Installed in Accordance With Certain Supplemental Type Certificates, 84-87 [E7-25482]

Download as PDF 84 Federal Register / Vol. 73, No. 1 / Wednesday, January 2, 2008 / Proposed Rules Branch, ANM–116, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Shahram Daneshmandi, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, Washington 98057– 3356; telephone (425) 227–1112; fax (425) 227–1149. 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, the Office of Management and Budget (OMB) has approved the information collection requirements and has assigned OMB Control Number 2120–0056. Related Information (i) Refer to MCAI EASA Emergency Airworthiness Directive 2007–0108–E, dated April 18, 2007, and EADS–CASA All Operator Letter 212–018, Revision 2, dated March 20, 2007, for related information. Issued in Renton, Washington, on December 19, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7–25481 Filed 12–31–07; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2007–0389; Directorate Identifier 2007–NM–222–AD] RIN 2120–AA64 Airworthiness Directives; Various Transport Category Airplanes Equipped With Auxiliary Fuel Tanks Installed in Accordance With Certain Supplemental Type Certificates Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). mstockstill on PROD1PC66 with PROPOSALS AGENCY: SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) for various transport category airplanes. This proposed AD would require VerDate Aug<31>2005 16:49 Dec 31, 2007 Jkt 214001 deactivation of Southeast Aero-Tek, Inc., auxiliary fuel tanks. This proposed 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 proposing 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: We must receive comments on this proposed AD by February 19, 2008. ADDRESSES: You may send comments by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments. • Fax: 202–493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • Hand Delivery: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Examining the AD Docket You may examine the AD docket on the Internet at https:// 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 proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone 800–647–5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. 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 460, Atlanta, Georgia 30349; telephone (770) 703–6094; fax (770) 703–6097. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA–2007–0389; Directorate Identifier 2007–NM–222–AD’’ at the beginning of your comments. We specifically invite PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those comments. We will post all comments we receive, without change, to https:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion The FAA has examined the underlying safety issues involved in fuel tank explosions on several large transport airplanes, including the adequacy of existing regulations, the service history of airplanes subject to those regulations, and existing maintenance practices for fuel tank systems. As a result of those findings, we issued a regulation titled ‘‘Transport Airplane Fuel Tank System Design Review, Flammability Reduction and Maintenance and Inspection Requirements’’ (66 FR 23086, May 7, 2001). In addition to new airworthiness standards for transport airplanes and new maintenance requirements, this rule included Special Federal Aviation Regulation No. 88 (‘‘SFAR 88,’’ Amendment 21–78, and subsequent Amendments 21–82 and 21–83). Among other actions, SFAR 88 requires certain type design (i.e., type certificate (TC) and supplemental type certificate (STC) design approval) holders to substantiate that their fuel tank systems can prevent ignition sources in the fuel tanks. This requirement applies to design approval holders for large turbine-powered transport airplanes and for subsequent modifications to those airplanes. It requires them to perform design reviews and to develop design changes and maintenance procedures if their designs do not meet the new fuel tank safety standards. As explained in the preamble to the rule, we intended to adopt airworthiness directives to mandate any changes found necessary to address unsafe conditions identified as a result of these reviews. In evaluating these design reviews, we have established four criteria intended to define the unsafe conditions associated with fuel tank systems that require corrective actions. The percentage of operating time during which fuel tanks are exposed to flammable conditions is one of these criteria. The other three criteria address the failure types under evaluation: Single failures, single failures in E:\FR\FM\02JAP1.SGM 02JAP1 85 Federal Register / Vol. 73, No. 1 / Wednesday, January 2, 2008 / Proposed Rules combination with another latent condition(s), and in-service failure experience. For all four criteria, the evaluations included consideration of previous actions taken that may mitigate the need for further action. We have determined that the actions identified in this proposed AD are necessary to reduce 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. Supplemental Type Certificates (STCs) for Southeast Aero-Tek, Inc., Auxiliary Fuel Tanks The auxiliary fuel tank STCs on affected airplanes are a double-walled cylindrical type design. The doublewalled cylindrical tanks use pneumatic air pressure to empty into the airplane’s center wing tank. All auxiliary tanks use some type of electrical fuel quantity indication system (FQIS), flight deck control and annunciation panels, float level switches, valves and venting systems, electrical wiring connections in the dry bay area, and electrical bonding methods. FAA’s Findings During the SFAR 88 safety assessment, it was determined that the Southeast Aero-Tek, Inc., FQIS and float level switch did not meet intrinsically safe electrical energy levels as described in the guidelines of Advisory Circular (AC) 25.981–1B, ‘‘Fuel Tank Ignition Source Prevention Guidelines.’’ Southeast Aero-Tek, Inc., identified potential ignition sources resulting from a combination of single and latent failures for the Southeast Aero-Tek, Inc., fuel tank subsystems. To prevent high electrical energy levels from the FQIS and float level switch from entering the auxiliary fuel tank, we have determined that the appropriate solution for continued use is a combination of actions. First, installing a transient suppression device (TSD) on FQIS and float level switches would be needed. In order to maximize wire separation, the TSD must be installed as close as possible to the points where the FQIS and float level switch wires exit the TSD and enter the auxiliary tank. Other actions might include replacing highenergy FQISs, and float level switches that are impractical for TSD application with intrinsically safe FQISs providing wire separation, conducting a one-time inspection and/or replacing aging float level switch conduit assemblies, periodically inspecting the external dry bay system components and wires, and testing the integrity of bonding resistances. Southeast Aero-Tek, Inc., has not fully provided the service information required under SFAR 88 that would correct these conditions; therefore, we must mandate the deactivation of all Southeast Aero-Tek, Inc., auxiliary fuel tanks. If operators do not wish to deactivate their auxiliary fuel tanks, we will consider requests for alternative methods of compliance (AMOCs). The most likely requests would be to allow continued use of the tanks by showing compliance with SFAR 88. This would involve obtaining STCs to modify the auxiliary fuel tank systems and developing maintenance procedures to address the safety issues identified above. Once an operator has deactivated a tank as proposed by this NPRM, the operator might wish to remove the tank. This would require a separate design approval, if an approved tank removal procedure does not exist. FAA’s Determination and Requirements of the Proposed AD We have evaluated all pertinent information and identified an unsafe condition that is likely to exist or develop on other products of this same type design. For this reason, we are proposing this AD, which would require deactivation to prevent usage of auxiliary fuel tanks. Explanation of Compliance Time In most ADs, we adopt a compliance time allowing a specified amount of time after the AD’s effective date. In this case, however, the FAA has already issued regulations that require operators to revise their maintenance/inspection programs to address fuel tank safety issues. The compliance date for these regulations is December 16, 2008. To provide for coordinated implementation of these regulations and this proposed AD, we are using this same compliance date in this proposed AD. Costs of Compliance The following table provides the estimated costs for the 37 U.S.registered airplanes to comply with this proposed 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 Action Work hours mstockstill on PROD1PC66 with PROPOSALS Report .............................................................................................................. Preparation of tank deactivation procedure .................................................... Physical tank deactivation ............................................................................... 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 VerDate Aug<31>2005 16:49 Dec 31, 2007 Jkt 214001 Average labor rate per hour 1 80 30 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. PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 $80 80 80 Parts Individual cost None ........... None ........... 1,200 ........... $80, per STC. 6,400, per STC. 3,600, per airplane. Regulatory Findings We have determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would 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 the proposed regulation: E:\FR\FM\02JAP1.SGM 02JAP1 86 Federal Register / Vol. 73, No. 1 / Wednesday, January 2, 2008 / Proposed Rules 1. Is not a ‘‘significant regulatory action’’ under Executive Order 12866; 2. Is not a ‘‘significant rule’’ under the 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 proposed 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. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: by adding the following new airworthiness directive (AD): Various Transport Category Airplanes: Docket No. FAA–2007–0389; Directorate Identifier 2007–NM–222–AD. Comments Due Date (a) The FAA must receive comments on this AD action by February 19, 2008. PART 39—AIRWORTHINESS DIRECTIVES Affected ADs 1. The authority citation for part 39 continues to read as follows: Applicability (b) None. Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration (FAA) amends § 39.13 (c) This AD applies to airplanes, certificated in any category, and equipped with auxiliary fuel tanks installed in accordance with specified supplemental type certificates (STCs), as identified in Table 1 of this AD. TABLE 1.—AFFECTED AIRPLANES Airplanes Auxiliary tank STC(s) Boeing Model 727–100 series airplanes .................................................. Boeing Model 727–200 and –200F series airplanes ............................... McDonnell Douglas Model DC–9–14 airplanes ....................................... McDonnell Douglas Model DC–9–32, DC–9–32 (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. mstockstill on PROD1PC66 with PROPOSALS 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 VerDate Aug<31>2005 16:49 Dec 31, 2007 Jkt 214001 ST01587AT. SA2033NM, SA1474SO SA1334NM SA1710SO and SA1358NM approved by the Manager of the 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. Appendix A—Deactivation Criteria The auxiliary fuel tank deactivation procedure required by paragraph (g) of this AD should address the following actions. PO 00000 Frm 00014 Fmt 4702 Sfmt 4700 (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 AC 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. (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 E:\FR\FM\02JAP1.SGM 02JAP1 Federal Register / Vol. 73, No. 1 / Wednesday, January 2, 2008 / Proposed Rules 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 December 19, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7–25482 Filed 12–31–07; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2007–0218; Directorate Identifier 92–ANE–56–AD] RIN 2120–AA64 Airworthiness Directives; Lycoming Engines, Fuel Injected Reciprocating Engines a repetitive inspection compliance time. We are proposing this AD to prevent failure of the fuel injector fuel lines that would allow fuel to spray into the engine compartment, resulting in an engine fire. DATES: We must receive any comments on this proposed AD by March 3, 2008. ADDRESSES: Use one of the following addresses to comment on this proposed AD. • Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the instructions for sending your comments electronically. • Mail: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Fax: (202) 493–2251. Contact Lycoming Engines, 652 Oliver Street, Williamsport, PA 17701, or go to https://www.lycoming.textron.com, for the service information identified in this proposed AD. FOR FURTHER INFORMATION CONTACT: Norm Perenson, Aerospace Engineer, New York Aircraft Certification Office, FAA, Engine & Propeller Directorate, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; e-mail: Norman.perenson@faa.gov; telephone (516) 228–7337; fax (516) 794–5531. SUPPLEMENTARY INFORMATION: AGENCY: Comments Invited SUMMARY: The FAA proposes to supersede an existing airworthiness directive (AD) for certain fuel injected reciprocating engines manufactured by Lycoming Engines. That AD currently requires inspection, and replacement if necessary, of externally mounted fuel injector fuel lines. This proposed AD would require the same actions but would add additional engine models, would clarify certain compliance time wording, and would exempt engines that have a Maintenance and Overhaul Manual with an Airworthiness Limitations Section that requires inspection, and replacement if necessary, of externally mounted fuel injector lines. This proposed AD results from Lycoming Engines revising their Mandatory Service Bulletin (MSB) to add new engine models requiring inspection, and from the need to clarify We invite you to send any written relevant data, views, or arguments regarding this proposal. Send your comments to an address listed under ADDRESSES. Include ‘‘Docket No. FAA– 2007–0218; Directorate Identifier 92– ANE–56–AD’’ in the subject line of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. We will consider all comments received by the closing date and may amend the proposed AD in light of those comments. We will post all comments we receive, without change, to https:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this proposed AD. Using the search function of the Web site, anyone can find and read the comments in any of our dockets, including, if provided, the name of the individual who sent the comment (or mstockstill on PROD1PC66 with PROPOSALS Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). VerDate Aug<31>2005 16:49 Dec 31, 2007 Jkt 214001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 87 signed the comment on behalf of an association, business, labor union, etc.). You may review the DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78). Examining the AD Docket You may examine the AD docket on the Internet at https:// www.regulations.gov; or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone (800) 647–5527) is the same as the Mail address provided in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. Discussion The FAA proposes to amend 14 CFR part 39 by superseding AD 2002–26–01, Amendment 39–12986 (67 FR 78965, December 27, 2002). That AD requires inspection, and replacement if necessary, of externally mounted fuel injector fuel lines. That AD was the result of the need to ensure that the additional Textron Lycoming fuel injected engine series listed in that final rule, receive the same inspections as series covered by the two previous ADs that were superseded by AD 2002–26– 01. That condition, if not corrected, could result in failure of the fuel injector fuel lines allowing fuel to spray into the engine compartment, resulting in an engine fire. Actions Since AD 2002–26–01 Was Issued Since AD 2002–26–01 was issued, Lycoming Engines has added new engine models to the list of engines requiring inspection, and replacement if necessary, of externally mounted fuel injector fuel lines. They have also added other new engines that are exempt from this AD, because they have a Maintenance and Overhaul Manual with an Airworthiness Limitations Section that requires inspection, and replacement if necessary, of externally mounted fuel injector lines. These engines are not listed in the revised Lycoming Engines MSB. Also, since AD 2002–26–01 was issued, we found that we need to clarify the repetitive inspection compliance time from ‘‘at each 100-hour inspection’’ to ‘‘at intervals of 100 hours time-in-service (not to exceed 110 hours)’’, to include engines that are not subject to 100-hour inspections. E:\FR\FM\02JAP1.SGM 02JAP1

Agencies

[Federal Register Volume 73, Number 1 (Wednesday, January 2, 2008)]
[Proposed Rules]
[Pages 84-87]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-25482]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0389; Directorate Identifier 2007-NM-222-AD]
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), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for various transport category airplanes. This proposed AD would 
require deactivation of Southeast Aero-Tek, Inc., auxiliary fuel tanks. 
This proposed 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 proposing 
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: We must receive comments on this proposed AD by February 19, 
2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to https://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at https://
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 proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Office (telephone 800-647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

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 
460, Atlanta, Georgia 30349; telephone (770) 703-6094; fax (770) 703-
6097.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2007-0389; 
Directorate Identifier 2007-NM-222-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to https://
www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The FAA has examined the underlying safety issues involved in fuel 
tank explosions on several large transport airplanes, including the 
adequacy of existing regulations, the service history of airplanes 
subject to those regulations, and existing maintenance practices for 
fuel tank systems. As a result of those findings, we issued a 
regulation titled ``Transport Airplane Fuel Tank System Design Review, 
Flammability Reduction and Maintenance and Inspection Requirements'' 
(66 FR 23086, May 7, 2001). In addition to new airworthiness standards 
for transport airplanes and new maintenance requirements, this rule 
included Special Federal Aviation Regulation No. 88 (``SFAR 88,'' 
Amendment 21-78, and subsequent Amendments 21-82 and 21-83).
    Among other actions, SFAR 88 requires certain type design (i.e., 
type certificate (TC) and supplemental type certificate (STC) design 
approval) holders to substantiate that their fuel tank systems can 
prevent ignition sources in the fuel tanks. This requirement applies to 
design approval holders for large turbine-powered transport airplanes 
and for subsequent modifications to those airplanes. It requires them 
to perform design reviews and to develop design changes and maintenance 
procedures if their designs do not meet the new fuel tank safety 
standards. As explained in the preamble to the rule, we intended to 
adopt airworthiness directives to mandate any changes found necessary 
to address unsafe conditions identified as a result of these reviews.
    In evaluating these design reviews, we have established four 
criteria intended to define the unsafe conditions associated with fuel 
tank systems that require corrective actions. The percentage of 
operating time during which fuel tanks are exposed to flammable 
conditions is one of these criteria. The other three criteria address 
the failure types under evaluation: Single failures, single failures in

[[Page 85]]

combination with another latent condition(s), and in-service failure 
experience. For all four criteria, the evaluations included 
consideration of previous actions taken that may mitigate the need for 
further action.
    We have determined that the actions identified in this proposed AD 
are necessary to reduce 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.

Supplemental Type Certificates (STCs) for Southeast Aero-Tek, Inc., 
Auxiliary Fuel Tanks

    The auxiliary fuel tank STCs on affected airplanes are a double-
walled cylindrical type design. The double-walled cylindrical tanks use 
pneumatic air pressure to empty into the airplane's center wing tank. 
All auxiliary tanks use some type of electrical fuel quantity 
indication system (FQIS), flight deck control and annunciation panels, 
float level switches, valves and venting systems, electrical wiring 
connections in the dry bay area, and electrical bonding methods.

FAA's Findings

    During the SFAR 88 safety assessment, it was determined that the 
Southeast Aero-Tek, Inc., FQIS and float level switch did not meet 
intrinsically safe electrical energy levels as described in the 
guidelines of Advisory Circular (AC) 25.981-1B, ``Fuel Tank Ignition 
Source Prevention Guidelines.'' Southeast Aero-Tek, Inc., identified 
potential ignition sources resulting from a combination of single and 
latent failures for the Southeast Aero-Tek, Inc., fuel tank subsystems. 
To prevent high electrical energy levels from the FQIS and float level 
switch from entering the auxiliary fuel tank, we have determined that 
the appropriate solution for continued use is a combination of actions. 
First, installing a transient suppression device (TSD) on FQIS and 
float level switches would be needed. In order to maximize wire 
separation, the TSD must be installed as close as possible to the 
points where the FQIS and float level switch wires exit the TSD and 
enter the auxiliary tank. Other actions might include replacing high-
energy FQISs, and float level switches that are impractical for TSD 
application with intrinsically safe FQISs providing wire separation, 
conducting a one-time inspection and/or replacing aging float level 
switch conduit assemblies, periodically inspecting the external dry bay 
system components and wires, and testing the integrity of bonding 
resistances.
    Southeast Aero-Tek, Inc., has not fully provided the service 
information required under SFAR 88 that would correct these conditions; 
therefore, we must mandate the deactivation of all Southeast Aero-Tek, 
Inc., auxiliary fuel tanks.
    If operators do not wish to deactivate their auxiliary fuel tanks, 
we will consider requests for alternative methods of compliance 
(AMOCs). The most likely requests would be to allow continued use of 
the tanks by showing compliance with SFAR 88. This would involve 
obtaining STCs to modify the auxiliary fuel tank systems and developing 
maintenance procedures to address the safety issues identified above.
    Once an operator has deactivated a tank as proposed by this NPRM, 
the operator might wish to remove the tank. This would require a 
separate design approval, if an approved tank removal procedure does 
not exist.

FAA's Determination and Requirements of the Proposed AD

    We have evaluated all pertinent information and identified an 
unsafe condition that is likely to exist or develop on other products 
of this same type design. For this reason, we are proposing this AD, 
which would require deactivation to prevent usage of auxiliary fuel 
tanks.

Explanation of Compliance Time

    In most ADs, we adopt a compliance time allowing a specified amount 
of time after the AD's effective date. In this case, however, the FAA 
has already issued regulations that require operators to revise their 
maintenance/inspection programs to address fuel tank safety issues. The 
compliance date for these regulations is December 16, 2008. To provide 
for coordinated implementation of these regulations and this proposed 
AD, we are using this same compliance date in this proposed AD.

Costs of Compliance

    The following table provides the estimated costs for the 37 U.S.-
registered airplanes to comply with this proposed 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
----------------------------------------------------------------------------------------------------------------
                                                   Average labor
             Action                 Work hours     rate per hour          Parts              Individual cost
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------

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 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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 the proposed 
regulation:

[[Page 86]]

    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the 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 proposed 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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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.


Sec.  39.13  [Amended]

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

Various Transport Category Airplanes: Docket No. FAA-2007-0389; 
Directorate Identifier 2007-NM-222-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by February 
19, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to airplanes, certificated in any category, 
and equipped with auxiliary fuel tanks installed in accordance with 
specified supplemental type certificates (STCs), as identified in 
Table 1 of this AD.

                      Table 1.--Affected Airplanes
------------------------------------------------------------------------
               Airplanes                      Auxiliary tank STC(s)
------------------------------------------------------------------------
Boeing Model 727-100 series airplanes..  ST01587AT.
Boeing Model 727-200 and -200F series    SA2033NM, SA1474SO
 airplanes.
McDonnell Douglas Model DC-9-14          SA1334NM
 airplanes.
McDonnell Douglas Model DC-9-32, DC-9-   SA1710SO and SA1358NM
 32 (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 of the 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.

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 AC 
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.
    (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

[[Page 87]]

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 December 19, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.

 [FR Doc. E7-25482 Filed 12-31-07; 8:45 am]
BILLING CODE 4910-13-P
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