Airworthiness Directives; Various Transport Category Airplanes Equipped With Auxiliary Fuel Tanks Installed in Accordance With Certain Supplemental Type Certificates, 16515-16517 [E8-6298]
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16515
Rules and Regulations
Federal Register
Vol. 73, No. 61
Friday, March 28, 2008
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
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
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
DATES:
This AD is effective May 2, 2008.
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 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 are adopting a new
airworthiness directive (AD) for various
transport category airplanes. This AD
requires deactivation of Southeast AeroTek, 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.
SUMMARY:
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
Action
Work hours
rwilkins on PROD1PC63 with RULES
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
VerDate Aug<31>2005
16:25 Mar 27, 2008
Jkt 214001
Average labor
rate per hour
1
80
30
$80
80
80
Parts
None ................................
None ................................
$1,200 ..............................
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. Subtitle VII:
‘‘Aviation Programs,’’ describes in more
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
Individual cost
$80, per STC.
$6,400, per STC.
$3,600, per airplane.
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in ‘‘Subtitle VII,
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16516
Federal Register / Vol. 73, No. 61 / Friday, March 28, 2008 / Rules and Regulations
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.
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.
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
TABLE 1.—AFFECTED AIRPLANES
Airplanes
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.
Auxiliary tank STC(s)
ST01587AT
SA2033NM,
SA1474SO
SA1334NM
SA1710SO,
SA1358NM
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
I
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
(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.
PART 39—AIRWORTHINESS
DIRECTIVES
Report
1. The authority citation for part 39
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
rwilkins on PROD1PC63 with RULES
I
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.
VerDate Aug<31>2005
16:25 Mar 27, 2008
Jkt 214001
(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.
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
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.
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Federal Register / Vol. 73, No. 61 / Friday, March 28, 2008 / Rules and Regulations
(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
DEPARTMENT OF COMMERCE
International Trade Administration
19 CFR Part 351
[Docket No. 080225304–8463–01]
RIN 0625–AA77
Import Administration, Withdrawal of
Regulations Governing the Treatment
of Subcontractors (‘‘Tolling’’
Operations)
rwilkins on PROD1PC63 with RULES
ACTION:
Interim final rule.
SUMMARY: Import Administration issues
this interim final rule for the purpose of
withdrawing its regulation governing
the treatment of tollers or subcontractors
for purposes of determining export
price, constructed export price, fair
value, and normal value in antidumping
duty proceedings.
DATES: This interim final rule is
effective on March 28, 2008. Although
the amendment made by this Interim
Final Rule is effective on March 28,
VerDate Aug<31>2005
16:25 Mar 27, 2008
Jkt 214001
2008, Import Administration seeks
public comments. To be assured of
consideration, written comments must
be received not later than April 28,
2008.
ADDRESSES: Comments on this Interim
Final Rule must be sent to David M.
Spooner, Assistant Secretary for Import
Administration, Central Records Unit,
Room 1870, U.S. Department of
Commerce, Pennsylvania Avenue.
FOR FURTHER INFORMATION CONTACT:
Michael Rill, telephone 202–482–3058.
SUPPLEMENTARY INFORMATION: The
Department promulgated the regulation
governing the treatment of tollers or
subcontractors in antidumping duty
proceedings on May 19, 1997
(‘‘Antidumping Duties; Countervailing
Duties; Final Rule’’) (62 FR 27296,
27411 (May 19, 1997)). The Department
regulation, 19 CFR 351.401(h), was
intended to ensure, in calculating a
dumping margin on merchandise
determined to be within the scope of an
antidumping order, that the
Department’s analysis is focused on the
party setting the price of subject
merchandise when the manufacture of
such merchandise is subcontracted to
another company. However, the
regulation has been interpreted by the
Court of International Trade as having
the unintended effect of bestowing the
status of ‘‘foreign manufacturer’’ or
‘‘producer’’ upon parties in the United
States that otherwise would have
assumed the status of purchasers of
subject merchandise. See USEC Inc. v.
United States, 281 F. Supp. 2d 1334
(2003), aff’d on other grounds Eurodif v.
United States, 411 F.3d 1355, 1364 (Fed.
Cir. 2005). This interpretation could
restrict the Department’s exercise of its
discretion and could require the
Department to identify the incorrect
entity as the seller of subject
merchandise, which would adversely
affect the Department’s antidumping
determinations.
If a party that customarily assumes
the status of a ‘‘purchaser’’ is bestowed
with the status of ‘‘foreign
manufacturer’’ or ‘‘producer’’, the
proper application of the law is
thwarted in a variety of ways. First, in
some cases, the Department may have
no basis upon which to make
antidumping duty determinations
because the customers who obtain the
status of ‘‘foreign producer’’ make no
sales of subject merchandise, but
instead consume the merchandise
themselves. In such cases, the
Department would be unable to
calculate a dumping margin. In other
cases, the Department’s determination
of the margin of dumping could be
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
16517
distorted or miscalculated because the
incorrect U.S. sales were identified as
the relevant sales under the regulation.
Second, the right to appeal Department
antidumping determinations is a right
limited to interested parties as defined
under 19 U.S.C. 1677(9). Purchasers of
subject merchandise do not qualify as
interested parties under the provision.
Purchasers who have obtained the status
of ‘‘foreign producers’’ under the
regulation, however, become interested
parties in error, and are afforded the
right to appeal Department antidumping
determinations where no such right was
intended under the law.
These effects are contrary to the
Department’s intention in promulgating
the regulation, and inconsistent with the
Department’s statutory mandate to
provide relief to domestic industries
suffering material injury from unfairly
traded imports. The Department has a
statutory duty under the Tariff Act of
1930, as amended, to determine
instances of dumping by examining the
price at which the merchandise is first
sold in the United States. The regulation
at issue, as recently interpreted,
confounds the Department’s ability to
make such a determination. Because the
regulation is applicable to on-going
antidumping investigations and
administrative reviews, and because the
application of the regulation can act to
deny relief to domestic industries
suffering material injury from unfairly
traded imports, immediate revocation is
necessary to ensure the proper and
efficient operation of the antidumping
law and to provide the relief intended
by Congress.
The Department is not replacing this
regulation with a new regulation.
Instead, the Department is returning to
a case-by-case adjudication, until
additional experience allows the
Department to gain greater
understanding of the problem.
Parties are invited to comment on the
Department’s withdrawal of the
regulation governing the treatment of
tollers or subcontractors in antidumping
duty proceedings. Parties should submit
to the address under the ADDRESSES
heading, a signed original and two
copies of each set of comments
including reasons for any
recommendation, along with a cover
letter identifying the commenter’s name
and address. To be assured of
consideration, written comments must
be received not later than April 28,
2008.
E:\FR\FM\28MRR1.SGM
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Agencies
[Federal Register Volume 73, Number 61 (Friday, March 28, 2008)]
[Rules and Regulations]
[Pages 16515-16517]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-6298]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 73, No. 61 / Friday, March 28, 2008 / Rules
and Regulations
[[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.
-----------------------------------------------------------------------
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 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 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
----------------------------------------------------------------------------------------------------------------
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,
[[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
------------------------------------------------------------------------
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 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