[Federal Register Volume 71, Number 124 (Wednesday, June 28, 2006)]
[Rules and Regulations]
[Pages 36671-36674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5702]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25175; Directorate Identifier 2006-NM-099-AD; 
Amendment 39-14670; AD 2006-13-17]
RIN 2120-AA64


Airworthiness Directives; Boeing Model 757-200 Series Airplanes 
Modified by Supplemental Type Certificate (STC) SA979NE

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Boeing Model 757-200 series airplanes. This AD requires a one-
time deactivation of the auxiliary fuel system, repetitive venting and 
draining of the auxiliary fuel tank sumps, and revising the Limitations 
section of the airplane flight manual to limit the maximum cargo 
weight. This AD results from a re-evaluation of the floor structure and 
cargo barriers conducted by the STC holder. We are issuing this AD to 
prevent structural overload of the auxiliary fuel tank support 
structure, which could cause the floor beams to fail, damaging the 
primary flight controls and the auxiliary power unit fuel lines that 
pass through the floor beams, resulting in loss of control of the 
airplane. We are also issuing this AD to prevent structural overload of 
the cargo barriers, which could cause the barriers to fail, allowing 
the cargo to shift, resulting in damage to the auxiliary fuel tanks, 
residual fuel leakage, and consequent increased risk of a fire.

DATES: This AD becomes effective July 13, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of July 13, 2006.
    We must receive comments on this AD by August 28, 2006.

ADDRESSES: Use one of the following addresses to submit comments on 
this AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590.
     Fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Contact PATS Aircraft, LLC, Product Support, 21652 Nanticoke 
Avenue, Georgetown, DE 19947, for service information identified in 
this AD.

FOR FURTHER INFORMATION CONTACT: Jon Hjelm, 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) 228-7323; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION:

Discussion

    PATS Aircraft (holder of Supplemental Type Certificate (STC) 
SA979NE) notified us that it has determined that Model 757-200 series 
airplanes equipped with auxiliary fuel tank systems installed by STC 
SA979NE have insufficient structural strength in the auxiliary fuel 
tank support structure. The STC holder has also determined that the 
cargo barriers have insufficient structural strength if subjected to 
emergency landing loads with more than 2,000 pounds of cargo in the 
cargo compartment. These determinations were based on a new structural 
analysis resulting from a re-evaluation of the floor structure and 
cargo barriers conducted by the STC holder. Structural overload of the 
auxiliary fuel tank support structure could cause the floor beams to 
fail, damaging the primary flight controls and the auxiliary power unit 
fuel lines that pass through the floor beams; this condition, if not 
corrected, could result in loss of control

[[Page 36672]]

of the airplane. Structural overload of the cargo barriers could cause 
the barriers to fail, allowing the cargo to shift; this condition, if 
not corrected, could result in damage to the auxiliary fuel tanks, 
residual fuel leakage, and consequent increased risk of a fire.

Relevant Service Information

    We have reviewed PATS Aircraft Service Bulletin SA979NE-28-SB-28--
IR, dated April 3, 2006. The service bulletin describes procedures for 
deactivating the auxiliary fuel system, and installing new cargo 
loading weight limits and ``INOP'' placards, depending on the airplane 
configuration. The service bulletin also describes procedures for 
venting any residual air pressure from the auxiliary fuel tanks 
following each flight and draining the auxiliary fuel tank sumps to 
regularly remove any residual fuel that may accumulate over time due to 
leakage around the auxiliary fuel tank valves. Paragraph I.D. 
(``Description'') of the service bulletin describes limiting the 
maximum cargo weight to 2,000 pounds (as specified on the new cargo 
weight placards) in the forward and aft cargo compartments, as 
applicable, depending on the STC configuration of the airplane.
    We have also reviewed the PATS Aircraft supplements to the 
Limitations section of the Boeing 757-200 Airplane Flight Manual (AFM), 
which are identified in the following table. These AFM supplements 
provide revised maximum cargo weight limits.

   Table.--Applicable AFM Supplements for Revised Cargo Weight Limits
------------------------------------------------------------------------
 For airplanes having S/Ns--       Use PATS Aircraft AFM supplement--
------------------------------------------------------------------------
29025, 29026, 29027, and       142, dated May 31, 2006.
 29028 (STC Configuration F,
 which has been upgraded to
 Configuration H).
24923 (STC Configuration A)..  143, dated May 31, 2006.
25155 and 25220 (STC           144, dated May 31, 2006.
 Configuration C & D).
28463 (STC Configuration E)..  145, dated May 31, 2006.
22690 and 25487 (STC           146, dated May 31, 2006.
 Configuration B & G).
------------------------------------------------------------------------

FAA's Determination and Requirements of This AD

    The unsafe conditions described previously are likely to exist or 
develop on other airplanes of the same type design. We are issuing this 
AD to prevent structural overload of the auxiliary fuel tank support 
structure, which could cause the floor beams to fail, damaging the 
primary flight controls and the auxiliary power unit fuel lines that 
pass through the floor beams, resulting in loss of control of the 
airplane. We are also issuing this AD to prevent structural overload of 
the cargo barriers, which could cause the barriers to fail, allowing 
the cargo to shift, resulting in damage to the auxiliary fuel tanks, 
residual fuel leakage, and consequent increased risk of a fire. This AD 
requires accomplishing the actions specified in the service information 
described previously, except as discussed under ``Differences Between 
the AD and the Service Bulletin.''

Differences Between the AD and the Service Bulletin

    PATS Aircraft Service Bulletin SA979NE-28-SB-28--IR, dated April 3, 
2006, does not specify a compliance time for deactivating the auxiliary 
fuel system or implementing the new cargo weight limits. In developing 
an appropriate compliance time for those actions in this AD, we 
considered the degree of urgency associated with the subject unsafe 
condition, the average utilization of the affected fleet, and the time 
necessary to perform the deactivation (3 hours) and AFM revision. In 
light of all of these factors, we find that a 30-day compliance time 
represents an appropriate interval of time for affected airplanes to 
continue to operate without compromising safety.

Interim Action

    We consider this AD interim action. The STC holder is currently 
developing a modification that will address the unsafe conditions 
identified in this AD. Once this modification is developed, approved, 
and available, we may consider additional rulemaking.

FAA's Determination of the Effective Date

    Since unsafe conditions exists that require the immediate adoption 
of this AD, we have found that notice and opportunity for public 
comment before issuing this AD are impracticable, and that good cause 
exists to make this AD effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements that affect 
flight safety and was not preceded by notice and an opportunity for 
public comment; however, we invite you to submit any relevant written 
data, views, or arguments regarding this AD. Send your comments to an 
address listed in the ADDRESSES section. Include ``Docket No. FAA-2006-
25175; Directorate Identifier 2006-NM-099-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the AD that might 
suggest a need to modify it.
    We will post all comments we receive, without change, to http://
http://dms.dot.gov">dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this AD. Using the search function of that Web 
site, anyone can find and read the comments in any of our dockets, 
including the name of the individual who sent the comment (or 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), or you may visit 
http://dms.dot.gov.

Examining the Docket

    You may examine the AD docket on the Internet at http://
http://dms.dot.gov">dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the Docket Management System 
receives them.

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 36673]]

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 unsafe conditions that are likely to 
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    We have determined that 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 the regulation:
    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 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, Incorporation by 
reference, 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2006-13-17 PATS Inc.: Amendment 39-14670. Docket No. FAA-2006-25175; 
Directorate Identifier 2006-NM-099-AD.

Effective Date

    (a) This AD becomes effective July 13, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 757-200 series airplanes, 
certificated in any category; modified by Supplemental Type 
Certificate (STC) SA979NE, having serial numbers identified in PATS 
Aircraft Service Bulletin SA979NE-28-SB-28--IR, dated April 3, 2006.

Unsafe Condition

    (d) This AD results from a re-evaluation of the floor structure 
and cargo barriers conducted by the STC holder. We are issuing this 
AD to prevent structural overload of the auxiliary fuel tank support 
structure, which could cause the floor beams to fail, damaging the 
primary flight controls and the auxiliary power unit fuel lines that 
pass through the floor beams, resulting in loss of control of the 
airplane. We are also issuing this AD to prevent structural overload 
of the cargo barriers, which could cause the barriers to fail, 
allowing the cargo to shift, resulting in damage to the auxiliary 
fuel tanks, residual fuel leakage, and consequent increased risk of 
a fire.

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.

Service Bulletin References

    (f) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions and Maintenance Requirements of PATS 
Aircraft Service Bulletin SA979NE-28-SB-28-IR, dated April 3, 2006.

Deactivation of the Auxiliary Fuel System and Revised Cargo Weight 
Limits

    (g) Within 30 days after the effective date of this AD: Do the 
actions in paragraphs (g)(1) and (g)(2) of this AD. Thereafter, do 
the actions in paragraphs (h) and (i) of this AD at the times 
specified in those paragraphs.
    (1) Deactivate the auxiliary fuel system by doing all of the 
actions specified in Part III and all of the actions for the 
applicable airplane configuration specified in Part IV of the 
service bulletin.
    (2) Revise the Limitations section of the Boeing 757-200 
Airplane Flight Manual (AFM) to include revised maximum cargo weight 
limits specified in the applicable AFM supplement identified in 
Table 1 of this AD. Operate the airplane according to the 
limitations in the AFM supplements.

  Table 1.--Applicable AFM Supplements for Revised Cargo Weight Limits
------------------------------------------------------------------------
  For airplanes having S/Ns--      Use PATS Aircraft AFM supplement--
------------------------------------------------------------------------
29025, 29026, 29027, and       142, dated May 31, 2006.
 29028 (STC Configuration F,
 which has been upgraded to
 Configuration H).
24923 (STC Configuration A)..  143, dated May 31, 2006.
25155 and 25220 (STC           144, dated May 31, 2006.
 Configuration C & D).
28463 (STC Configuration E)..  145, dated May 31, 2006.
22690 and 25487 (STC           146, dated May 31, 2006.
 Configuration B & G).
------------------------------------------------------------------------

Repetitive Venting of the Built-Up Pressure in the Auxiliary Fuel Tanks

    (h) After deactivating the auxiliary fuel system as specified in 
paragraph (g) of this AD: Following each flight, vent the auxiliary 
fuel tanks by doing all of the actions specified in paragraph A. of 
Part V of the service bulletin.

Repetitive Draining of the Fuel Tank Sumps for Residual Fuel

    (i) At intervals not to exceed 100 flight cycles following 
deactivation of the auxiliary fuel system, as specified in paragraph 
(g) of this AD: Drain the auxiliary fuel tank sumps to remove any 
built-up residual fuel by doing all of the actions specified in 
paragraph B. of Part V of the service bulletin.

Special Flight Permits

    (j) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the airplane can be modified, provided the airplane is operated with 
the auxiliary fuel tanks empty.

Alternative Methods of Compliance (AMOCs)

    (k)(1) The Manager, New York Aircraft Certification Office 
(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) Before using any AMOC approved in accordance with Sec.  
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

[[Page 36674]]

Material Incorporated by Reference

    (l) You must use PATS Aircraft Service Bulletin SA979NE-28-SB-
28--IR, dated April 3, 2006, and the applicable PATS Aircraft 
supplement to the Boeing 757-200 Airplane Flight Manual identified 
in Table 2 of this AD, as applicable, to perform the actions that 
are required by this AD, unless the AD specifies otherwise.

    Table 2.--Airplane Flight Manual Supplements for Incorporation by
                                Reference
------------------------------------------------------------------------
   PATS Aircraft airplane flight manual
               supplement--                            Dated--
------------------------------------------------------------------------
142.......................................  May 31, 2006.
143.......................................  May 31, 2006.
144.......................................  May 31, 2006.
145.......................................  May 31, 2006.
146.......................................  May 31, 2006.
------------------------------------------------------------------------

    The Director of the Federal Register approved the incorporation 
by reference of these documents in accordance with 5 U.S.C. 552(a) 
and 1 CFR part 51. Contact PATS Aircraft, LLC, Product Support, 
21652 Nanticoke Avenue, Georgetown, DE 19947, for a copy of this 
service information. You may review copies at the Docket Management 
Facility, U.S. Department of Transportation, 400 Seventh Street, 
SW., Room PL-401, Nassif Building, Washington, DC; on the Internet 
at http://dms.dot.gov; or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at the NARA, call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on June 15, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-5702 Filed 6-27-06; 8:45 am]
BILLING CODE 4910-13-P