[Federal Register Volume 73, Number 140 (Monday, July 21, 2008)]
[Proposed Rules]
[Pages 42282-42284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16667]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 73, No. 140 / Monday, July 21, 2008 / 
Proposed Rules  

[[Page 42282]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0734; Directorate Identifier 2008-NM-004-AD]
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: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all 
Maryland Air Industries, Inc., Model Fairchild F-27 and FH-227 series 
airplanes. This proposed AD would 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 SFAR 88. This proposed 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 proposing 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: We must receive comments on this proposed AD by September 4, 
2008.

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

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: 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:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0734; 
Directorate Identifier 2008-NM-004-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

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

[[Page 42283]]

previous actions taken that may mitigate the need for further action.
    We have determined that the actions identified in this proposed AD 
are necessary to reduce the potential of ignition sources inside fuel 
tanks, which, in combination with flammable fuel vapors, could result 
in fuel tank explosions and consequent loss of the airplane.

FAA's Findings

    Maryland Air Industries, Inc., which held type certificate 7A1 for 
Model Fairchild F-27 and FH-227 series airplanes, stated that it did 
not have the resources to conduct SFAR 88 safety reviews for the 
affected airplane models. Therefore, Maryland Air Industries, Inc., has 
neither conducted the safety reviews nor provided service information 
required under SFAR 88 that would lead the FAA to make a finding of 
compliance. Furthermore, Maryland Air Industries, Inc., has surrendered 
the type certificate to the New York Aircraft Certification Office 
(ACO), FAA. Because Maryland Air Industries, Inc., has not accomplished 
the actions required by SFAR 88, this NPRM would propose to require 
that the affected operators perform these actions, or work with a third 
party to do so.
    This NPRM proposes 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 SFAR 88. Note that the FAA has issued operational rules 
that would effectively ground the domestic fleet of F-27 and FH-227 
models given that there is no maintenance information or any design 
change developed in accordance with SFAR 88. These operational rules 
(Enhanced Airworthiness Program for Airplane Systems/Fuel Tank Safety 
Regulations: Amendments 91-297, 121-336, 125-53, and 129-43) would have 
the same effect as the AD for domestic operators, but because the 
operational rules do not apply to foreign operators, we are obligated 
to issue the AD to comply with our requirements as an International 
Civil Aviation Organization (ICAO) member state.

FAA's Determination and Requirements of This Proposed AD

    We are proposing this AD because we evaluated all relevant 
information, including the results of an SFAR 88 compliance finding on 
similar airplane models, and determined that the unsafe conditions 
identified in that review are likely to exist or develop in other 
products of this same type design. This proposed AD would require 
operators to submit a plan for compliance. Before December 16, 2008, 
operators would also be required to modify the airplane and revise the 
inspection or maintenance program to incorporate instructions for 
maintenance and inspection of the fuel tank system, as appropriate, 
using information developed in accordance with the applicable 
provisions of SFAR 88.

Explanation of Compliance Time

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

Costs of Compliance

    We estimate that this proposed AD would affect 29 airplanes of U.S. 
registry. We recognize that this proposed AD may 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

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed 
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.
    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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Maryland Air Industries, Inc.: Docket No. FAA-2008-0734; Directorate 
Identifier 2008-NM-004-AD.

Comments Due Date

    (a) We must receive comments by September 4, 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

[[Page 42284]]

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 
of Special Federal Aviation Regulation No. 88 (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.

    Issued in Renton, Washington, on June 12, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-16667 Filed 7-18-08; 8:45 am]
BILLING CODE 4910-13-P