
[Federal Register: July 21, 2008 (Volume 73, Number 140)]
[Proposed Rules]
[Page 42282-42284]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21jy08-13]

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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.

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[[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).

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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
