[Federal Register: October 22, 2008 (Volume 73, Number 205)]
[Rules and Regulations]
[Page 62872-62876]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22oc08-6]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-0298; Directorate Identifier 2007-NM-316-AD;
Amendment 39-15696; AD 2008-22-01]
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.
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SUMMARY: We are adopting a new airworthiness directive (AD) for various
transport category airplanes. This AD requires deactivation of PATS
Aircraft, LLC, auxiliary fuel tanks. This AD results from fuel system
reviews conducted by the manufacturer, which identified 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 November 26, 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: Mazdak Hobbi, 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) 228-7330; 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
various transport category airplanes. That NPRM was published in the
Federal Register on March 14, 2008 (73 FR 13803). That NPRM proposed to
require deactivation of PATS Aircraft, LLC, auxiliary fuel tanks.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comments received from the 22 commenters.
Withdraw NPRM
Air National Australia, Chartwell Aviation Services, Continent
Aircraft Trust 720, and Boeing Executive Flight Operations
(EFO) question the need for the rule. Air National Australia states
that the installation of the PATS Aircraft, LLC (PATS), auxiliary fuel
system (AFS) in its aircraft was completed in February 2007 and was
verified to be in compliance with
[[Page 62873]]
Special Federal Aviation Regulation No. 88 (SFAR 88). Air National
Australia states that clearly the certification given to the
supplemental type certificate (STC) in late January 2007 by the FAA
would indicate that, at the time, the installation was compliant with
the requirements of SFAR 88. Further, the guidance material in FAA
Advisory Circular (AC) 25.981-1B, dated April 18, 2001, has not changed
significantly since 2001. Therefore, Air National Australia concludes
that the level of safety has not altered since the installation was
seen to be compliant.
Chartwell states that the service history of the PATS AFS does not
support the drastic action proposed in the NPRM. Continent Aircraft
Trust 720 states that there have been no Boeing Business Jet
(BBJ)-related AFS anomalies that would justify deactivation of the
tanks in such a short time. Boeing EFO has been informed by PATS that
the technical changes to the existing fuel system are safety
enhancements and not an imminent safety concern. The fact that there
have been no reports of in-service findings on the Boeing airplanes to
support immediate safety concerns leads Boeing EFO to this conclusion.
However, Boeing EFO is not opposed to installing the safety
enhancements to improve system reliability and to conform the design to
an improved engineering standard.
We infer that the commenters want us to withdraw the NPRM. We
disagree. This AD results from fuel system reviews conducted by the
manufacturer, which identified unsafe conditions that need corrective
actions to prevent fuel tank explosions. Although to date there has not
been an explosion in PATS fuel tanks, the types of ignition sources
identified by the manufacturer have resulted in catastrophic explosions
in other fuel tanks. Preventing such an explosion was the objective of
SFAR 88 and is not just a ``safety enhancement.'' However, we agree
with Air National Australia that the installation for its fleet (STC ST
00936NY-D, Configuration 3) is compliant with SFAR 88. We have also
revised Table 1 of this AD to specify that STC ST 00936NY-D,
Configuration 3 is not affected by this AD. If an operator shows that
corrective actions have been accomplished and its system complies with
SFAR 88, deactivation of the auxiliary fuel tanks is not required. We
find it necessary to issue the AD to address the identified unsafe
condition.
Extend Compliance Date
The following commenters all request that we extend the compliance
time for deactivating the auxiliary fuel tanks: Peter J. Chapman, Amiri
Flight, PATS, Prime Aviation, Limited Brands, Tracinda Corporation,
Chartwell, Newsflight, Dobro Ltd., Saudi Oger Ltd., Sunrider
Corporation, PrivatAir SA, Continent Aircraft Trust 720,
NetJets Large Aircraft Company (LAC), Boeing, and Air National
Australia. The commenters state that the compliance date in the NPRM of
December 16, 2008, is disproportional to the risk. The commenters also
point out, among other items that make the compliance date unworkable,
that there is insufficient capacity within available overhaul
facilities and an insufficient number of kits to accomplish the actions
before the specified date.
We agree with the commenters' requests to extend the compliance
date for deactivating the auxiliary fuel tanks and have revised
paragraph (g) of the AD to extend the compliance date to December 16,
2009. This date will give operators adequate time to plan and schedule
the modification in order to comply with this AD. Our intent was to
coordinate the compliance time of the NPRM with the December 16, 2008,
operations rule compliance date (see ``Transport Airplane Fuel Tank
System Design Review, Flammability Reduction and Maintenance and
Inspection Requirements'' (66 FR 23086, May 7, 2001)). However, as the
commenters noted, the lack of availability of kits and maintenance
facilities makes that date impractical. We have decided to extend the
compliance date by an additional 12 months to December 16, 2009. This
change does not affect any other maintenance/inspection programs
addressed by the fuel tank safety rule, and the compliance date for
those items remains December 16, 2008. The December 16, 2009 date for
this AD was chosen to balance the safety risk with the capability of
operators to comply in a reasonable timeframe.
Auxiliary Fuel Tanks Are Necessary for Operation
Air National Australia, All Nippon Airways, the U.S. Air Force,
Sunrider, Chartwell, Continent Aircraft Trust 720, NetJets
LAC, and Boeing EFO emphasize that the PATS AFS is necessary to their
operation. The commenters state that deactivation of the AFS will
result in decreased utility, diminished market value, and increased
fuel consumption due to less efficient routing. The need to make more
fuel stops to fly the same mission profile could increase risk. In sum,
deactivation would have a dramatic effect on the range of the aircraft
and defeat the purpose of operating this type of aircraft in the fleet.
As we stated in the NPRM, for operators who want to retain the
long-range capability provided by these fuel tanks, we will consider
approving alternative methods of compliance consisting of design
changes and maintenance instructions found to comply with SFAR 88. We
understand PATS might be developing such service information for at
least some of the affected STCs, but it has not yet been submitted for
our review and approval. We have not changed the AD in this regard.
Revise the Applicability To Remove Certain STCs
PATS, Limited Brands, Boeing, All Nippon Airways, and Amiri request
that certain STCs be removed from the applicability listed in Table 1
of the NPRM. The commenters all suggest certain corrections to the
list. Limited Brands states that, as written, the NPRM includes FAA-
approved PATS SFAR 88-compliant STCs. Boeing points out that the STC
holder has determined that the specific STCs listed in its submission
were developed and approved to section 25.981, amendment 25-102, of the
Federal Aviation Regulations (14 CFR 25.981, amendment 102). All Nippon
Airways understands that STC ST01716NY-D is in compliance with SFAR 88
and is mistakenly listed in the NPRM. This STC is the updated version
of STC ST00936NY-D, and complies with SFAR 88 and 14 CFR 25.981,
amendment 102.
We agree with the commenters' request that certain STCs need to be
removed from the applicability. We have determined that the following
STCs listed in Table 1 of the NPRM are currently in compliance with
SFAR 88 requirements:
ST01716NY-D
ST01650NY
ST01713NY-D
ST01552NY
ST00365NY-D, Configuration 5
SA725NE-D, Configuration 7
We have revised Table 1 of the AD to remove these STCs. Operators
should note that prior configurations of ST00365NY-D and SA725NE-D are
still included in the applicability unless the operator has installed
ST00365NY-D, Configuration 5, or SA725NE-D, Configuration 7, as
applicable.
Revise the Applicability Based on PATS Service Bulletin Implementation
PATS Aircraft, Limited Brands, Boeing, All Nippon Airways, Boeing
EFO, Amiri, and Chartwell request that we remove certain STCs from the
[[Page 62874]]
applicability listed in Table 1 of the NPRM. The commenters point out
that the implementation of new PATS service bulletins would bring
certain STCs into compliance with SFAR 88.
We disagree with the request to remove certain STCs based on
accomplishment of certain PATS service bulletins. Although service
bulletins developed by PATS might modify an airplane for SFAR 88
compliance, the New York Aircraft Certification Office (ACO), FAA, has
not yet received the final version of the relevant service bulletins
for approval. However, under the provisions of paragraph (h) of the AD,
we will consider requests for approval of an alternative method of
compliance based on these service bulletins if sufficient data are
submitted to substantiate that the design change would provide an
acceptable level of safety. We have not changed this AD in this regard.
Change the Description of the Auxiliary Fuel Tanks
PATS, Chartwell, and Air National Australia point out the
description of the PATS auxiliary fuel tank is incorrect in the section
of the NPRM titled ``Supplemental Type Certificates (STCs) for PATS
Aircraft, LLC, Auxiliary Fuel Tanks.'' The commenters point out that
PATS has never designed or certified a box and bladder tank.
We infer that the commenters would like us to revise the
description. We agree that the description in the NPRM requires
clarification. Since that section of the preamble of the NPRM does not
reappear in the final rule, no change to the final rule is necessary.
However, we offer the following revision to the paragraph, suggested by
PATS' comment, as clarification:
PATS' typical auxiliary fuel system (AFS) consists of several
interconnected auxiliary fuel cells located in the aircraft's cargo
holds. The cells are constructed of aluminum alloy with double walls
and mounted on longitudinal rails attached to the aircraft's frame.
The inner walls serve as the fuel storage cell, and the outer walls
serve as the fuel and fume-proof shroud around the cell. The two
walls are separated by an open-weave honeycomb structure bonded to
the walls. The cells resemble aircraft cargo containers. The
individual cells are usually arranged in two groups within the
forward and aft lower cargo holds. These forward and aft fuel cell
groups operate independently as two separate tanks.
Use PATS Service Bulletins for Deactivation Procedures
PATS requests that we add certain service information to the AD.
PATS states that operators who do not place an order for SFAR 88
service bulletins or who elect not to bring their AFS into compliance
should deactivate their system using the procedures in the service
bulletins that PATS is developing.
We disagree. The service bulletins for deactivation have not been
presented for review and approval by the Manager, New York ACO, FAA.
Any operator who chooses to deactivate the tank must do the
deactivation in accordance with paragraph (g) of this AD. That
deactivation procedure could include, for example, performing
procedures specified in the installation manual or returning the
airplane to the configuration it was in prior to the PATS STC
modification. If PATS submits service bulletins that meet the
requirements of paragraph (g) of this AD, we would approve them as
alternative methods of compliance (AMOCs) in accordance with the
provisions of paragraph (h) of this AD. We have not changed the AD in
this regard.
Remove Reporting Requirement
Limited Brands and Tracinda question the need for the report
specified in paragraph (f) of the NPRM. Limited Brands states that it
seems this information has already been complied with and/or should
have been used in determining the effects of the NPRM and the condition
of safety, and should have been used in the risk analysis evaluation.
Tracinda questions the purpose of the report and states that the
information should already be known for justification of the NPRM.
We infer that the commenters are requesting that we remove the
reporting requirement from this AD. We disagree. The submittal of
reports by operators will assist the FAA in determining whether
additional actions are needed to address the identified unsafe
conditions and to determine whether the scope of corrective actions
that might be proposed by PATS or others is adequate. The required
information can be obtained fairly easily and submitted without further
cost to the operator. We have not changed the AD regarding this issue.
Re-Evaluate Costs of Compliance
Limited Brands requests that we revise the Costs of Compliance
section of the NPRM. The commenter states that the cost estimates
appear extremely low, and that the cost to each operator both in money
and in loss of usage should be considered. The costs should also
address other items like the cost to revise the manuals and support
data, and access to areas of the airplane for deactivation.
We disagree with the commenter's request to include the additional
items in the cost estimate. The cost information in an AD generally
includes only the direct costs of the specific actions required by this
AD. We recognize that, in doing the actions required by an AD,
operators might incur incidental costs in addition to the direct costs.
Those incidental costs, which might vary significantly among operators,
are almost impossible to calculate. We have not changed the AD
regarding this issue.
Change AC Reference
Boeing and Chartwell point out an incorrect title in Appendix A,
paragraph (4), of the NPRM, for FAA AC 25-8. We have revised the AD to
correct the title.
Conclusion
We reviewed the relevant data, considered the comments 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 59 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 $382,320 to
prepare and report the deactivation procedures, and $212,400 to
deactivate tanks.
[[Page 62875]]
Estimated Costs
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Average
Action Work hours labor rate Parts Individual cost
per hour
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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.
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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:
2008-22-01 Various Transport Category Airplanes: Amendment 39-15696.
Docket No. FAA-2008-0298; Directorate Identifier 2007-NM-316-AD.
Effective Date
(a) This airworthiness directive (AD) is effective November 26,
2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to airplanes, certificated in any category
and equipped with auxiliary fuel tanks installed in accordance with
specified supplemental type certificates (STCs), as identified in
Table 1 of this AD.
Table 1--Affected Airplanes
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Airplanes Auxiliary tank STC(s)
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Boeing Model 727 series airplanes...... SA62NE, SA392NE, SA530NE.
Boeing Model 727-100 series airplanes.. SA62NE, SA387NE, SA392NE,
SA530NE, ST00466NY.
Boeing Model 727-200 series airplanes.. SA84NE, SA387NE, SA450NE,
SA496NE.
Boeing Model 737-200 series airplanes.. SA83NE, SA725NE (unless
installed with SA725NE-D,
Configuration 7), SA1078NE,
SA1265EA.
Boeing Model 737-200C series airplanes. SA725NE (unless installed with
SA725NE-D, Configuration 7).
Boeing Model 737-300 series airplanes.. SA500NE, SA542NE, SA553NE,
SA714NE, SA725NE (unless
installed with SA725NE-D,
Configuration 7).
Boeing Model 737-400 series airplanes.. SA553NE, SA725NE (unless
installed with SA725NE-D,
Configuration 7).
Boeing Model 737-500 series airplanes.. SA725NE (unless installed with
SA725NE-D, Configuration 7),
ST00040NY, ST01337NY.
Boeing Model 737-700 series airplanes ST00936NY-D (unless installed
(increased gross weight). with Configuration 3),
ST01650NY-D.
Boeing Model 737-800 series airplanes.. ST01384NY, ST01384NY-D.
Boeing Model 757-200 series airplanes SA979NE.
(without overwing doors).
Boeing Model 767-200 series airplanes.. ST00840NY.
Bombardier Model CL-600-2B19 (Regional ST00365NY, ST00365NY-D (unless
Jet Series 100 & 440) airplanes. installed with Configuration
5).
McDonnell Douglas Model DC-8-62 SA936NE.
airplanes.
McDonnell Douglas Model DC-9-33F ST00605NY.
airplanes.
McDonnell Douglas Model DC-9-81 (MD-81) ST00409NY.
airplanes.
McDonnell Douglas Model DC-9-82 (MD-82) ST00409NY.
airplanes.
McDonnell Douglas Model DC-9-83 (MD-83) ST00218AT, ST00409NY.
airplanes.
McDonnell Douglas Model DC-9-87 (MD-87) ST00523NY.
airplanes.
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[[Page 62876]]
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, New York 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) Before December 16, 2009, deactivate the auxiliary fuel
tanks, in accordance with a deactivation procedure approved by the
Manager, New York 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 must 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, New York ACO, as soon
as possible to ensure timely review and approval.
Note 2: For technical information, contact Mazdak Hobbi,
Aerospace Engineer, Airframe and Propulsion Branch, ANE-171, FAA,
New York Aircraft Certification Office (ACO), 1600 Stewart Avenue,
Suite 410, Westbury, New York 11590; telephone (516) 228-7330; fax
(516) 794-5531.
Alternative Methods of Compliance (AMOCs)
(h)(1) The Manager, New York ACO, FAA, ATTN: Mazdak Hobbi,
Aerospace Engineer, Airframe and Propulsion Branch, ANE-171, FAA,
New York ACO, 1600 Stewart Avenue, Suite 410, Westbury, New York
11590; telephone (516) 228-7330; 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.
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 AC
25-8 Auxiliary Fuel System Installations. 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.
(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) Revise the instructions for continued airworthiness, as
required, after deactivation.
(11) 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 October 9, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-25055 Filed 10-21-08; 8:45 am]
BILLING CODE 4910-13-P