
[Federal Register: October 24, 2008 (Volume 73, Number 207)]
[Rules and Regulations]               
[Page 63352-63353]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24oc08-5]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0734; Directorate Identifier 2008-NM-004-AD; 
Amendment 39-15697; AD 2008-22-02]
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: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for 
Maryland Air Industries, Inc., Model Fairchild F-27 and FH-227 Series 
Airplanes. This AD requires 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 Special Federal Aviation Regulation 88 (SFAR 88). This 
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 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.

DATES: This AD is effective November 28, 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: 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:

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 
all Maryland Air Industries, Inc., Model Fairchild F-27 and FH-227 
series airplanes. That NPRM was published in

[[Page 63353]]

the Federal Register on July 21, 2008 (73 FR 42282). That NPRM proposed 
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 
Special Federal Aviation Regulation 88.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting the AD as proposed.

Costs of Compliance

    We estimate that this AD affects 29 airplanes of U.S. registry. We 
recognize that this AD might 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

    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:

2008-22-02 Maryland Air Industries, Inc.: Amendment 39-15697. Docket 
No. FAA-2008-0734; Directorate Identifier 2008-NM-004-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective November 28, 
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 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 
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.

Material Incorporated by Reference

    (i) None.

    Issued in Renton, Washington, on October 9, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-25304 Filed 10-23-08; 8:45 am]

BILLING CODE 4910-13-P
