[Federal Register Volume 73, Number 61 (Friday, March 28, 2008)]
[Rules and Regulations]
[Pages 16515-16517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-6298]



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  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 http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this AD, the regulatory evaluation, 
any comments received, and other information. The address for the 
Docket Office (telephone 800-647-5527) is the Document Management 
Facility, U.S. Department of Transportation, Docket Operations, M-30, 
West Building, Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., 
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Robert Bosak, Aerospace Engineer, 
Propulsion and Services Branch, ACE-118A, FAA, Atlanta Aircraft 
Certification Office, One Crown Center, 1895 Phoenix Boulevard, Suite 
450, Atlanta, Georgia 30349; telephone (770) 703-6094; fax (770) 703-
6097.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an airworthiness directive (AD) that would apply to 
various transport category airplanes equipped with auxiliary fuel tanks 
installed in accordance with certain supplemental type certificates 
(STCs). That NPRM was published in the Federal Register on January 2, 
2008 (73 FR 84). That NPRM proposed to require deactivation of 
Southeast Aero-Tek, Inc., auxiliary fuel tanks.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comment received from the one commenter.

Request To Clarify Proposed Applicability

    FedEx Express requests that we clarify the applicability statement 
in the NPRM to state that the AD does not apply to airplanes where 
auxiliary tanks were removed by an FAA-approved method. FedEx states 
that the unsafe condition does not exist on these airplanes.
    We agree that the unsafe condition does not exist on the airplanes 
FedEx describes. We have included a statement in paragraph (c) of the 
final rule that excludes these airplanes.

Explanation of Change to Product Identification Line

    We have changed the product identification line of the AD from 
``Various Transport Category Airplanes'' to ``Southeast Aero-Tek, 
Inc.'' In ADs written against products with an STC, that statement is 
intended to identify the name of the STC holder.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting the 
AD with the changes described previously. We also determined that these 
changes will not increase the economic burden on any operator or 
increase the scope of the AD.

Costs of Compliance

    The following table provides the estimated costs for the 37 U.S.-
registered airplanes to comply with this AD. Based on these figures, 
the estimated costs for U.S. operators could be as high as $239,760 to 
prepare and report the deactivation procedures, and $133,200 to 
deactivate tanks.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                     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