Airworthiness Directives; Maryland Air Industries, Inc., Model Fairchild F-27 and FH-227 Series Airplanes, 63352-63353 [E8-25304]

Download as PDF 63352 Federal Register / Vol. 73, No. 207 / Friday, October 24, 2008 / Rules and Regulations applicable, in Appendix D, ‘‘Fuel System Limitations,’’ of Part 2, ‘‘Airworthiness Requirements,’’ of Bombardier CL–600–2B19 Maintenance Requirements Manual CSP–053, Revision 7, dated May 10, 2007 (‘‘the MRM’’), and thereafter repeat the inspection at the applicable interval specified in the MRM, except as provided by paragraphs (g)(2) and (h)(1) of this AD. (i) For airplanes not identified in paragraph (f)(2)(i) of this AD, the initial compliance time for Task 28–11–00–603 is before the accumulation of 20,000 total flight hours, or within 5,000 flight hours after the effective date of this AD, whichever occurs later. (ii) For airplanes not identified in paragraph (f)(4) of this AD, the initial compliance time for Task 29–33–01–602 is before the accumulation of 30,000 total flight hours, or within 2,500 flight hours after the effective date of this AD, whichever occurs later. (iii) For airplanes not identified in paragraph (f)(2)(ii) of this AD, the initial compliance time for Tasks 28–11–00–601, 28–11–00–602, and 28–11–00–604, is within 20,000 flight hours after accomplishing the applicable modsum or service bulletin specified in the MRM for the task, or within 5,000 flight hours after the effective date of this AD, whichever occurs later. (2) After accomplishing the actions specified in paragraphs (g)(1) of this AD, no alternative inspections/limitation tasks or inspection/limitation task intervals may be used unless the inspection/limitation task or inspection/limitation task interval is approved as an AMOC in accordance with the procedures specified in paragraph (h)(1) of this AD. FAA AD Differences mstockstill on PROD1PC66 with RULES Note 2: This AD differs from the MCAI and/or service information as follows: No differences. Other FAA AD Provisions (h) The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, New York Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Rocco Viselli, Aerospace Engineer, Airframe and Propulsion Branch, ANE–171, FAA, New York Aircraft Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590; telephone (516) 228–7331; fax (516) 794–5531. 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 VerDate Aug<31>2005 15:58 Oct 23, 2008 Jkt 217001 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 Canadian Airworthiness Directive CF–2007–29, dated November 22, 2007, and Appendix D, ‘‘Fuel System Limitations,’’ of Part 2, ‘‘Airworthiness Requirements,’’ of Bombardier CL–600–2B19 Maintenance Requirements Manual CSP–053, Revision 7, dated May 10, 2007; for related information. Material Incorporated by Reference (j) You must use Appendix D, ‘‘Fuel System Limitations,’’ of Part 2, ‘‘Airworthiness Requirements,’’ of Bombardier CL–600–2B19 Maintenance Requirements Manual CSP–053, Revision 7, dated May 10, 2007, to do the actions required by this AD, unless the AD specifies otherwise. (1) The Director of the Federal Register previously approved the incorporation by reference of Appendix D, ‘‘Fuel System Limitations,’’ of Part 2, ‘‘Airworthiness Requirements,’’ of Bombardier CL–600–2B19 Maintenance Requirements Manual CSP–053, Revision 7, dated May 10, 2007, on April 16, 2008 (73 FR 13100, March 12, 2008). (2) For service information identified in this AD, contact Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 6087, Station Centre-ville, Montreal, Quebec H3C 3G9, Canada. (3) You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741–6030, or go to: http:// www.archives.gov/federal-register/cfr/ibrlocations.html. Issued in Renton, Washington, on October 9, 2008. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8–25299 Filed 10–23–08; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2008–0734; Directorate Identifier 2008–NM–004–AD; Amendment 39–15697; AD 2008–22–02] RIN 2120–AA64 Airworthiness Directives; Maryland Air Industries, Inc., Model Fairchild F–27 and FH–227 Series Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 SUMMARY: We are adopting a new airworthiness directive (AD) for Maryland Air Industries, Inc., Model Fairchild F–27 and FH–227 Series Airplanes. This AD requires operators to modify their airplanes and revise their inspection or maintenance programs to incorporate instructions for maintenance and inspection of the fuel tank systems, as appropriate, by December 16, 2008, using information developed in accordance with Special Federal Aviation Regulation 88 (SFAR 88). This AD results from fuel system safety reviews done on similar airplane models in accordance with SFAR 88. These safety reviews identified potential unsafe conditions on Model Fairchild F–27 and FH–227 series airplanes for which the type certificate holder, Maryland Air Industries, Inc., has not conducted SFAR 88 safety reviews, has not provided corrective actions, and does not plan to do so. We are issuing this AD 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. DATES: This AD is effective November 28, 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: James Delisio, Aerospace Engineer, Airframe and Propulsion Branch, ANE– 171, FAA, New York Aircraft Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590; telephone (516) 228–7321; fax (516) 794–5531. 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 all Maryland Air Industries, Inc., Model Fairchild F–27 and FH–227 series airplanes. That NPRM was published in E:\FR\FM\24OCR1.SGM 24OCR1 Federal Register / Vol. 73, No. 207 / Friday, October 24, 2008 / Rules and Regulations the Federal Register on July 21, 2008 (73 FR 42282). That NPRM proposed to require operators to modify their airplanes and revise their inspection or maintenance programs to incorporate instructions for maintenance and inspection of the fuel tank systems, as appropriate, by December 16, 2008, using information developed in accordance with Special Federal Aviation Regulation 88. Comments We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or on the determination of the cost to the public. Conclusion We reviewed the relevant data and determined that air safety and the public interest require adopting the AD as proposed. Costs of Compliance We estimate that this AD affects 29 airplanes of U.S. registry. We recognize that this AD might impose certain costs. However, we cannot calculate those costs because we cannot anticipate the complexity or content of the plans that operators will submit to the FAA. However, continued operational safety necessitates the imposition of these costs because of the severity of the unsafe condition. mstockstill on PROD1PC66 with RULES 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 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 VerDate Aug<31>2005 15:58 Oct 23, 2008 Jkt 217001 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 Accordingly, under the authority delegated to me by the Administrator, the FAA amends 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. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: ■ 2008–22–02 Maryland Air Industries, Inc.: Amendment 39–15697. Docket No. FAA–2008–0734; Directorate Identifier 2008–NM–004–AD. Effective Date (a) This airworthiness directive (AD) is effective November 28, 2008. Affected ADs (b) None. Applicability (c) This AD applies to all Model Fairchild F–27, F–27A, F–27B, F–27F, F–27G, F–27J, F–27M, FH–227, FH–227B, FH–227C, FH– 227D, and FH–227E series airplanes, certificated in any category. Unsafe Condition (d) This AD results from fuel system safety reviews done on similar airplane models in accordance with Special Federal Aviation Regulation No. 88 (SFAR 88). These safety reviews identified potential unsafe conditions on Model Fairchild F–27 and FH– 227 series airplanes for which the type certificate holder, Maryland Air Industries, Inc., has not conducted SFAR 88 safety reviews, has not provided corrective actions, and does not plan to do so. We are issuing this AD to reduce the potential of ignition PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 63353 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) Comply with this AD within the compliance times specified, unless already done. Report (f) Within 45 days after the effective date of this AD, submit a report to the Manager, New York Aircraft Certification Office, 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 operational status. (2) A plan for how the airplane operator plans to comply with paragraph (g) of this AD. SFAR 88 Design Modifications and Inspection or Maintenance Program Changes (g) Before December 16, 2008, modify the airplane and revise the inspection or maintenance program to incorporate instructions for maintenance and inspection of the fuel tank system, using information developed in accordance with the applicable provisions SFAR 88, Amendment 21–78, and subsequent Amendments 21–82 and 21–83, which are included in a regulation titled ‘‘Transport Airplane Fuel Tank System Design Review, Flammability Reduction, and Maintenance and Inspection Requirements’’ (66 FR 23086, May 7, 2001). Alternative Methods of Compliance (AMOCs) (h)(1) The Manager, New York Aircraft Certification Office, FAA, ATTN: James Delisio, Aerospace Engineer, Airframe and Propulsion Branch, ANE–171, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590; telephone (516) 228–7321; fax (516) 794–5531; has the authority to approve AMOCs for this AD, if requested using 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. Issued in Renton, Washington, on October 9, 2008. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8–25304 Filed 10–23–08; 8:45 am] BILLING CODE 4910–13–P E:\FR\FM\24OCR1.SGM 24OCR1

Agencies

[Federal Register Volume 73, Number 207 (Friday, October 24, 2008)]
[Rules and Regulations]
[Pages 63352-63353]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-25304]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0734; Directorate Identifier 2008-NM-004-AD; 
Amendment 39-15697; AD 2008-22-02]
RIN 2120-AA64


Airworthiness Directives; Maryland Air Industries, Inc., Model 
Fairchild F-27 and FH-227 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for 
Maryland Air Industries, Inc., Model Fairchild F-27 and FH-227 Series 
Airplanes. This AD requires operators to modify their airplanes and 
revise their inspection or maintenance programs to incorporate 
instructions for maintenance and inspection of the fuel tank systems, 
as appropriate, by December 16, 2008, using information developed in 
accordance with Special Federal Aviation Regulation 88 (SFAR 88). This 
AD results from fuel system safety reviews done on similar airplane 
models in accordance with SFAR 88. These safety reviews identified 
potential unsafe conditions on Model Fairchild F-27 and FH-227 series 
airplanes for which the type certificate holder, Maryland Air 
Industries, Inc., has not conducted SFAR 88 safety reviews, has not 
provided corrective actions, and does not plan to do so. We are issuing 
this AD 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.

DATES: This AD is effective November 28, 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: James Delisio, Aerospace Engineer, 
Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New 
York 11590; telephone (516) 228-7321; fax (516) 794-5531.

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 
all Maryland Air Industries, Inc., Model Fairchild F-27 and FH-227 
series airplanes. That NPRM was published in

[[Page 63353]]

the Federal Register on July 21, 2008 (73 FR 42282). That NPRM proposed 
to require operators to modify their airplanes and revise their 
inspection or maintenance programs to incorporate instructions for 
maintenance and inspection of the fuel tank systems, as appropriate, by 
December 16, 2008, using information developed in accordance with 
Special Federal Aviation Regulation 88.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting the AD as proposed.

Costs of Compliance

    We estimate that this AD affects 29 airplanes of U.S. registry. We 
recognize that this AD might impose certain costs. However, we cannot 
calculate those costs because we cannot anticipate the complexity or 
content of the plans that operators will submit to the FAA. However, 
continued operational safety necessitates the imposition of these costs 
because of the severity of the unsafe condition.

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

    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:

2008-22-02 Maryland Air Industries, Inc.: Amendment 39-15697. Docket 
No. FAA-2008-0734; Directorate Identifier 2008-NM-004-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective November 28, 
2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Model Fairchild F-27, F-27A, F-27B, 
F-27F, F-27G, F-27J, F-27M, FH-227, FH-227B, FH-227C, FH-227D, and 
FH-227E series airplanes, certificated in any category.

Unsafe Condition

    (d) This AD results from fuel system safety reviews done on 
similar airplane models in accordance with Special Federal Aviation 
Regulation No. 88 (SFAR 88). These safety reviews identified 
potential unsafe conditions on Model Fairchild F-27 and FH-227 
series airplanes for which the type certificate holder, Maryland Air 
Industries, Inc., has not conducted SFAR 88 safety reviews, has not 
provided corrective actions, and does not plan to do so. We are 
issuing this AD 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.

Compliance

    (e) Comply with this AD within the compliance times specified, 
unless already done.

Report

    (f) Within 45 days after the effective date of this AD, submit a 
report to the Manager, New York Aircraft Certification Office, 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 operational status.
    (2) A plan for how the airplane operator plans to comply with 
paragraph (g) of this AD.

SFAR 88 Design Modifications and Inspection or Maintenance Program 
Changes

    (g) Before December 16, 2008, modify the airplane and revise the 
inspection or maintenance program to incorporate instructions for 
maintenance and inspection of the fuel tank system, using 
information developed in accordance with the applicable provisions 
SFAR 88, Amendment 21-78, and subsequent Amendments 21-82 and 21-83, 
which are included in a regulation titled ``Transport Airplane Fuel 
Tank System Design Review, Flammability Reduction, and Maintenance 
and Inspection Requirements'' (66 FR 23086, May 7, 2001).

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, New York Aircraft Certification Office, FAA, 
ATTN: James Delisio, Aerospace Engineer, Airframe and Propulsion 
Branch, ANE-171, 1600 Stewart Avenue, Suite 410, Westbury, New York 
11590; telephone (516) 228-7321; fax (516) 794-5531; has the 
authority to approve AMOCs for this AD, if requested using 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.

    Issued in Renton, Washington, on October 9, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-25304 Filed 10-23-08; 8:45 am]
BILLING CODE 4910-13-P