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60600 Federal Register / Vol. 72, No.

206 / Thursday, October 25, 2007 / Proposed Rules

for affected parties, some parties may PART 39—AIRWORTHINESS (1) Alternative Methods of Compliance
incur costs higher than estimated here. DIRECTIVES (AMOCs): The Manager, International
Based on these figures, we estimate the Branch, ANM–116, Transport Airplane
1. The authority citation for part 39 Directorate, FAA, has the authority to
cost of the proposed AD on U.S. approve AMOCs for this AD, if requested
operators to be $58,536, or $542 per continues to read as follows:
using the procedures found in 14 CFR 39.19.
product. Authority: 49 U.S.C. 106(g), 40113, 44701. Send information to ATTN: Sanjay Ralhan,
Aerospace Engineer, International Branch,
Authority for This Rulemaking § 39.13 [Amended] ANM–116, Transport Airplane Directorate,
Title 49 of the United States Code 2. The FAA amends § 39.13 by adding FAA, 1601 Lind Avenue, SW., Renton,
specifies the FAA’s authority to issue the following new AD: Washington 98057–3356; telephone (425)
rules on aviation safety. Subtitle I, 227–1405; fax (425) 227–1149. Before using
EMPRESA BRASILEIRA DE
section 106, describes the authority of any approved AMOC on any airplane to
AERONAUTICA S.A. (EMBRAER):
which the AMOC applies, notify your
the FAA Administrator. ‘‘Subtitle VII: Docket No. FAA–2007–0082; Directorate
appropriate principal inspector (PI) in the
Aviation Programs,’’ describes in more Identifier 2007–NM–219–AD.
FAA Flight Standards District Office (FSDO),
detail the scope of the Agency’s Comments Due Date or lacking a PI, your local FSDO.
authority. (a) We must receive comments by (2) Airworthy Product: For any requirement
We are issuing this rulemaking under November 26, 2007. in this AD to obtain corrective actions from
the authority described in ‘‘Subtitle VII, a manufacturer or other source, use these
Part A, Subpart III, Section 44701: Affected ADs actions if they are FAA-approved. Corrective
General requirements.’’ Under that (b) None. actions are considered FAA-approved if they
are approved by the State of Design Authority
section, Congress charges the FAA with Applicability (or their delegated agent). You are required
promoting safe flight of civil aircraft in to assure the product is airworthy before it
(c) This AD applies to EMBRAER Model
air commerce by prescribing regulations is returned to service.
ERJ 170–100 LR, –100 STD, –100 SE, –100
for practices, methods, and procedures SU, –200 LR, –200 STD, and –200 SU (3) Reporting Requirements: For any
the Administrator finds necessary for airplanes, certificated in any category, as reporting requirement in this AD, under the
safety in air commerce. This regulation identified in Embraer Service Bulletin 170– provisions of the Paperwork Reduction Act,
is within the scope of that authority 34–0019, dated February 26, 2007; and the Office of Management and Budget (OMB)
because it addresses an unsafe condition Model ERJ 190–100 STD, –100 LR, –100 IGW, has approved the information collection
–200 STD, –200 LR, and –200 IGW airplanes; requirements and has assigned OMB Control
that is likely to exist or develop on
certificated in any category, as identified in Number 2120–0056.
products identified in this rulemaking
action. Embraer Service Bulletin 190–34–0009, dated Related Information
February 26, 2007.
(h) Refer to MCAI Brazilian Airworthiness
Regulatory Findings Directives 2007–08–03 and 2007–08–04, both
Subject
We determined that this proposed AD (d) Air Transport Association (ATA) of effective August 27, 2007, and to Embraer
would not have federalism implications America Code 34: Navigation. Service Bulletins 170–34–0019 and 190–34–
under Executive Order 13132. This 0009, both dated February 26, 2007, for
proposed AD would not have a Reason related information.
substantial direct effect on the States, on (e) The mandatory continuing Issued in Renton, Washington, on October
the relationship between the national airworthiness information (MCAI) states: 12, 2007.
Government and the States, or on the It has been found that the implementation Stephen P. Boyd,
of the Inertial Reference Units (IRU) on the
distribution of power and ERJ–170 [and ERJ–190] may lead, in certain
Assistant Manager, Transport Airplane
responsibilities among the various Directorate, Aircraft Certification Service.
degraded modes, to an erroneous Flight Path
levels of government. Angle (FPA) indication on both Primary [FR Doc. E7–21005 Filed 10–24–07; 8:45 am]
For the reasons discussed above, I Flight Displays, with no alert to the flight BILLING CODE 4910–13–P
certify this proposed regulation: crew. On the ERJ–170 [and ERJ–190], FPA is
1. Is not a ‘‘significant regulatory considered as important as pitch and bank
action’’ under Executive Order 12866; angle for piloting purposes. DEPARTMENT OF TRANSPORTATION
2. Is not a ‘‘significant rule’’ under the The unsafe condition is reduced ability of
DOT Regulatory Policies and Procedures the flightcrew to control the flight path of the Federal Aviation Administration
(44 FR 11034, February 26, 1979); and airplane. The corrective action is removal of
certain wiring connections in the electrical 14 CFR Part 39
3. Will not have a significant
connectors of both IRUs.
economic impact, positive or negative, [Docket No. FAA–2007–0089; Directorate
on a substantial number of small entities Actions and Compliance Identifier 2007–NM–117–AD]
under the criteria of the Regulatory (f) Within 18 months after the effective
Flexibility Act. date of this AD, unless already done, remove RIN 2120–AA64
We prepared a regulatory evaluation the wiring connections from pins 51 and 52
in the electrical connectors of both IRUs, in Airworthiness Directives; Various
of the estimated costs to comply with Transport Category Airplanes
this proposed AD and placed it in the accordance with the Accomplishment
Instructions of Embraer Service Bulletin 170– Equipped With Auxiliary Fuel Tanks
AD docket. Installed in Accordance With Certain
34–0019 or 190–34–0009, as applicable, both
List of Subjects in 14 CFR Part 39 dated February 26, 2007. Supplemental Type Certificates
Air transportation, Aircraft, Aviation FAA AD Differences AGENCY: Federal Aviation
safety, Safety. Administration (FAA), Department of
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Note: This AD differs from the MCAI and/


The Proposed Amendment or service information as follows: No Transportation (DOT).
differences. ACTION: Notice of proposed rulemaking
Accordingly, under the authority (NPRM).
delegated to me by the Administrator, Other FAA AD Provisions
the FAA proposes to amend 14 CFR part (g) The following provisions also apply to SUMMARY: The FAA proposes to adopt a
39 as follows: this AD: new airworthiness directive (AD) for

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Federal Register / Vol. 72, No. 206 / Thursday, October 25, 2007 / Proposed Rules 60601

various transport category airplanes. FAA–2007–0089; Directorate Identifier criteria. The other three criteria address
This proposed AD would require 2007–NM–117–AD’’ at the beginning of the failure types under evaluation:
deactivation of Rogerson Aircraft your comments. We specifically invite single failures, single failures in
Corporation auxiliary fuel tanks. This comments on the overall regulatory, combination with another latent
proposed AD results from fuel system economic, environmental, and energy condition(s), and in-service failure
reviews conducted by the manufacturer, aspects of this proposed AD. We will experience. For all four criteria, the
which identified potential unsafe consider all comments received by the evaluations included consideration of
conditions for which the manufacturer closing date and may amend this previous actions taken that may mitigate
has not provided corrective actions. We proposed AD because of those the need for further action.
are proposing this AD to prevent the comments. We have determined that the actions
potential of ignition sources inside fuel We will post all comments we identified in this AD are necessary to
tanks, which, in combination with receive, without change, to http:// reduce the potential of ignition sources
flammable fuel vapors, could result in www.regulations.gov, including any inside fuel tanks, which, in combination
fuel tank explosions and consequent personal information you provide. We with flammable fuel vapors, could result
loss of the airplane. will also post a report summarizing each in fuel tank explosions and consequent
DATES: We must receive comments on substantive verbal contact we receive loss of the airplane.
this proposed AD by December 10, about this proposed AD.
Supplemental Type Certificates (STCs)
2007. Discussion for Rogerson Auxiliary Fuel Tanks
ADDRESSES: You may send comments by The FAA has examined the The auxiliary fuel tank STCs on
any of the following methods: underlying safety issues involved in fuel affected airplanes are of two basic type
• Federal eRulemaking Portal: Go to tank explosions on several large designs: a box-and-bladder type, and a
http://www.regulations.gov. Follow the transport airplanes, including the double-walled cylindrical type. The
instructions for submitting comments. adequacy of existing regulations, the box-and-bladder tanks are emptied and
• Fax: 202–493–2251. service history of airplanes subject to vented into the airplane center wing
• Mail: U.S. Department of those regulations, and existing tank using either pneumatic air pressure
Transportation, Docket Operations, M– maintenance practices for fuel tank supplied from the airplane, or electrical
30, West Building Ground Floor, Room systems. As a result of those findings, power from the airplane to power fuel
W12–140, 1200 New Jersey Avenue, SE., we issued a regulation titled ‘‘Transport pumps installed in the tank external dry
Washington, DC 20590. Airplane Fuel Tank System Design bay area. The double-walled cylindrical
• Hand Delivery: U.S. Department of Review, Flammability Reduction and tanks use pneumatic air pressure to
Transportation, Docket Operations, M– Maintenance and Inspection empty into the airplane center wing
30, West Building Ground Floor, Room Requirements’’ (67 FR 23086, May 7, tank. All auxiliary tanks use some type
W12–140, 1200 New Jersey Avenue, SE., 2001). In addition to new airworthiness of electrical fuel quantity indication
Washington, DC 20590, between 9 a.m. standards for transport airplanes and system (FQIS), flight deck control and
and 5 p.m., Monday through Friday, new maintenance requirements, this annunciation panels, float level
except Federal holidays. rule included Special Federal Aviation switches, valves and venting systems,
Examining the AD Docket Regulation No. 88 (‘‘SFAR 88,’’ electrical wiring connections in the dry
Amendment 21–78, and subsequent bay area, and electrical bonding
You may examine the AD docket on Amendments 21–82 and 21–83). methods.
the Internet at http:// Among other actions, SFAR 88
www.regulations.gov; or in person at the requires certain type design (i.e., type FAA’s Findings
Docket Management Facility between 9 certificate (TC) and supplemental type During the SFAR 88 safety
a.m. and 5 p.m., Monday through certificate (STC) design approval) assessment, it was determined that the
Friday, except Federal holidays. The AD holders to substantiate that their fuel Rogerson Aircraft Corporation FQIS and
docket contains this proposed AD, the tank systems can prevent ignition float level switch did not meet
regulatory evaluation, any comments sources in the fuel tanks. This intrinsically safe electrical energy levels
received, and other information. The requirement applies to design approval as described in the guidelines of
street address for the Docket Office holders for large turbine-powered advisory circular (AC) 25.981–1B, Fuel
(telephone 800–647–5527) is in the transport airplanes and for subsequent Tank Ignition Source Prevention
ADDRESSES section. Comments will be modifications to those airplanes. It Guidelines. Rogerson identified
available in the AD docket shortly after requires them to perform design reviews potential ignition sources resulting from
receipt. and to develop design changes and a combination of single and latent
FOR FURTHER INFORMATION CONTACT: Serj maintenance procedures if their designs failures for the Rogerson fuel tank
Harutunian, Aerospace Engineer, do not meet the new fuel tank safety subsystems. To prevent high electrical
Propulsion Branch, ANM–140L, FAA, standards. As explained in the preamble energy levels from the FQIS and float
Los Angeles Aircraft Certification to the rule, we intended to adopt level switch from entering the auxiliary
Office, 3960 Paramount Boulevard, airworthiness directives to mandate any fuel tank, we have determined that the
Lakewood, California 90712–4137; changes found necessary to address appropriate solution (depending on the
telephone (562) 627–5254; fax (562) unsafe conditions identified as a result type of auxiliary tank) for continued use
627–5210. of these reviews. is a combination of actions. First,
SUPPLEMENTARY INFORMATION: In evaluating these design reviews, we installing a transient suppression device
have established four criteria intended (TSD) on FQIS and float level switches
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Comments Invited to define the unsafe conditions would be needed. In order to maximize
We invite you to send any written associated with fuel tank systems that wire separation, the TSD must be
relevant data, views, or arguments about require corrective actions. The installed as close as possible to the
this proposed AD. Send your comments percentage of operating time during points where the FQIS and float level
to an address listed under the which fuel tanks are exposed to switch wires exit the TSD and enter the
ADDRESSES section. Include ‘‘Docket No. flammable conditions is one of these auxiliary tank. Other actions might

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60602 Federal Register / Vol. 72, No. 206 / Thursday, October 25, 2007 / Proposed Rules

include replacing high-energy FQISs, that would lead the FAA to make a deactivation to prevent usage of
and float level switches that are finding of compliance; therefore, we auxiliary fuel tanks.
impractical for TSD application, with must mandate the deactivation of all
Explanation of Compliance Time
intrinsically safe FQISs, providing wire Rogerson Aircraft Corporation auxiliary
separation, conducting a one time fuel tanks. In most ADs, we adopt a compliance
inspection and/or replacing aging float If operators do not wish to deactivate time allowing a specified amount of
level switch conduit assemblies, their auxiliary fuel tanks, we will time after the AD’s effective date. In this
periodically inspecting the external dry consider requests for alternative case, however, the FAA has already
bay system components and wires, and methods of compliance (AMOCs). The issued regulations that require operators
testing the integrity of bonding most likely requests would be to allow to revise their maintenance/inspection
resistances. continued use of the tanks by showing programs to address fuel tank safety
Furthermore, to reduce fuel vapor compliance with SFAR 88. This would issues. The compliance date for these
ignition risks associated with dry involve obtaining STCs and developing regulations is December 16, 2008. To
running of fuel pumps and fuel pump maintenance procedures to address the provide for coordinated implementation
failures, operational limitations are safety issues identified above. of these regulations and this proposed
Once an operator has deactivated the
needed to ensure that the fuel pumps AD, we are using this same compliance
tank as required by this AD, the operator
are turned off when the auxiliary tank date in this proposed AD.
might wish to remove the tank. This
is emptied. An inspection to detect fuel would require a separate design Costs of Compliance
leakage in the dry bay and vent pipe approval, if an approved tank removal
shrouds needs to be included in the procedure does not exist. There are about 148 airplanes of the
operator’s maintenance program. affected design in the worldwide fleet.
Rogerson Aircraft Corporation has FAA’s Determination and Requirements The following table provides the
declared all STCs as high-flammability of the Proposed AD estimated costs for the 39 U.S.-
exposure installations, and has reported We have evaluated all pertinent registered airplanes to comply with this
a few service difficulties with fuel information and identified an unsafe proposed AD. Based on these figures,
leakage and damage to tank bladders condition that is likely to exist or the estimated costs for U.S. operators
during maintenance activities. develop on other products of this same could be as high as $194,400 to prepare
Rogerson has not provided the service type design. For this reason, we are and report the deactivation procedures,
information required under SFAR 88 proposing this AD, which would require and $140,400 to deactivate the tank.

ESTIMATED COSTS
Average
Action Work hours labor rate Parts Individual cost
per hour

Report ..................................................................................................... 1 $80 None $80, per STC.


Preparation of tank deactivation procedure ............................................ 80 80 None $6,400, per STC.
Physical tank deactivation ...................................................................... 30 80 $1,200 $3,600, per airplane.

Authority for This Rulemaking Regulatory Findings for a location to examine the regulatory
We have determined that this evaluation.
Title 49 of the United States Code
specifies the FAA’s authority to issue proposed AD would not have federalism List of Subjects in 14 CFR Part 39
rules on aviation safety. Subtitle I, implications under Executive Order
Air transportation, Aircraft, Aviation
Section 106, describes the authority of 13132. This proposed AD would not
safety, Safety.
the FAA Administrator. Subtitle VII, have a substantial direct effect on the
States, on the relationship between the The Proposed Amendment
Aviation Programs, describes in more
national Government and the States, or
detail the scope of the Agency’s Accordingly, under the authority
on the distribution of power and
authority. delegated to me by the Administrator,
responsibilities among the various
We are issuing this rulemaking under the FAA proposes to amend 14 CFR part
levels of government.
the authority described in Subtitle VII, 39 as follows:
For the reasons discussed above, I
Part A, Subpart III, Section 44701, certify that the proposed regulation: PART 39—AIRWORTHINESS
‘‘General requirements.’’ Under that 1. Is not a ‘‘significant regulatory DIRECTIVES
section, Congress charges the FAA with action’’ under Executive Order 12866;
promoting safe flight of civil aircraft in 2. Is not a ‘‘significant rule’’ under the 1. The authority citation for part 39
air commerce by prescribing regulations DOT Regulatory Policies and Procedures continues to read as follows:
for practices, methods, and procedures (44 FR 11034, February 26, 1979); and Authority: 49 U.S.C. 106(g), 40113, 44701.
the Administrator finds necessary for 3. Will not have a significant
economic impact, positive or negative, § 39.13 [Amended]
safety in air commerce. This regulation
is within the scope of that authority on a substantial number of small entities 2. The Federal Aviation
pwalker on PROD1PC71 with PROPOSALS

because it addresses an unsafe condition under the criteria of the Regulatory Administration (FAA) amends § 39.13
that is likely to exist or develop on Flexibility Act. by adding the following new
products identified in this rulemaking We prepared a regulatory evaluation airworthiness directive (AD):
action. of the estimated costs to comply with Various Transport Category Airplanes:
this proposed AD and placed it in the Docket No. FAA–2007–0089; Directorate
AD docket. See the ADDRESSES section Identifier 2007–NM–117–AD.

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Federal Register / Vol. 72, No. 206 / Thursday, October 25, 2007 / Proposed Rules 60603

Comments Due Date Applicability Type Certificates (STCs), as identified in


(a) The FAA must receive comments on (c) This AD applies to airplanes, Table 1 of this AD.
this AD action by December 10, 2007. certificated in any category and equipped
Affected ADs with auxiliary fuel tanks installed in
accordance with specified Supplemental
(b) None.

TABLE 1.—AFFECTED AIRPLANES


Airplanes Auxiliary tank STC

Boeing Model 707 airplanes .............................................. SA4053WE, SA1308NM.


Boeing Model 727–100 series airplanes ........................... SA2970WE, SA3674WE, SA3157WE, SA3319WE, SA3559WE, SA2734WE,
SA3920NM, SA3810WE, SA1979NM, SA1398NM, SA3483WE.
Boeing Model 727–200 series airplanes ........................... SA3065WE, SA1051NW.
Boeing Model 737–200 series airplanes ........................... SA1082NW, SA2153WE, SA1054NW.
Boeing Model 737–400 and –500 series airplanes ........... SA3992NM, SA3980NM.
Boeing Model 767–200 series airplanes ........................... SA5544NM.
British Aerospace Model 1–11–400 series airplanes ........ SA1995WE, SA1626WE, SA3819WE, SA2971WE.
McDonnell Douglas Model DC–9–15 and DC–9–15F air- SA3558WE, SA2587WE, SA1050NW.
planes.
McDonnell Douglas Model DC–9–32F (C–9B) airplanes .. SA3436NM, SA3495NM.

Unsafe Condition Alternative Methods of Compliance (6) Revise the weight and balance
(d) This AD results from fuel system (AMOCs) document, if required, and obtain FAA
reviews conducted by the manufacturer. We (h)(1) The Manager, Los Angeles ACO, approval.
are issuing this AD to prevent the potential FAA, has the authority to approve AMOCs (7) Amend the applicable sections of the
of ignition sources inside fuel tanks, which, for this AD, if requested in accordance with applicable airplane flight manual (AFM) to
in combination with flammable fuel vapors, the procedures found in 14 CFR 39.19. indicate that the auxiliary fuel tank is
could result in fuel tank explosions and (2) To request a different method of deactivated. Remove auxiliary fuel tank
consequent loss of the airplane. compliance or a different compliance time operating procedures to ensure that only the
for this AD, follow the procedures in 14 CFR OEM fuel system operational procedures are
Compliance
39.19. Before using any approved AMOC on contained in the AFM. Amend the
(e) You are responsible for having the any airplane to which the AMOC applies, Limitations Section of the AFM to indicate
actions required by this AD performed within notify your appropriate principal inspector
the compliance times specified, unless the that the AFM Supplement for the STC is not
(PI) in the FAA Flight Standards District
actions have already been done. in effect. Place a placard in the flight deck
Office (FSDO), or lacking a PI, your local
indicating that the auxiliary tank is
Report FSDO.
deactivated. The AFM revisions specified in
(f) Within 45 days after the effective date Appendix A—Deactivation Criteria this paragraph may be accomplished by
of this AD, submit a report to the Manager, inserting a copy of this AD into the AFM.
Los Angeles Aircraft Certification Office The auxiliary fuel tank deactivation
procedure required by paragraph (g) of this (8) Amend the applicable sections of the
(ACO), FAA. The report must include the applicable airplane maintenance manual to
following information: AD should address the following actions.
(1) Permanently drain auxiliary fuel tanks, remove auxiliary tank maintenance
(1) The airplane registration and auxiliary
and clear them of fuel vapors to eliminate the procedures.
tank STC number installed.
possibility of out-gassing of fuel vapors from (9) After the auxiliary fuel tank is
(2) The usage frequency in terms of total
number of flights per year and total number the emptied auxiliary tank. deactivated, accomplish procedures such as
of flights for which the auxiliary tank is used. Note: If applicable, removing the bladder leak checks and pressure checks deemed
might help eliminate out-gassing. necessary before returning the airplane to
Prevent Usage of Auxiliary Fuel Tanks service. These procedures must include
(2) Disconnect all electrical connections
(g) On or before December 16, 2008, from the fuel quantity indication system verification that the airplane FQIS and fuel
deactivate the auxiliary fuel tanks, in (FQIS), fuel pumps if applicable, float distribution systems have not been adversely
accordance with a deactivation procedure switches, and all other electrical connections affected.
approved by the Manager of the Los Angeles required for auxiliary tank operation, and (10) Include with the operator’s proposed
ACO. Any auxiliary tank component that stow them at the auxiliary tank interface. procedures any relevant information or
remains on the airplane must be secured and (3) Disconnect all pneumatic connections if additional steps that are deemed necessary
must have no effect on the continued applicable, cap them at the pneumatic by the operator to comply with the
operational safety and airworthiness of the source, and secure them.
airplane. Deactivation may not result in the deactivation and return the airplane to
(4) Disconnect all fuel feed and fuel vent service.
need for additional instructions for plumbing interfaces with airplane original
continued airworthiness. Issued in Renton, Washington, on October
equipment manufacturer (OEM) tanks, cap
Note 1: Appendix A of this AD provides them at the airplane tank side, and secure 15, 2007.
criteria that should be included in the them in accordance with a method approved Ali Bahrami,
deactivation procedure. The proposed by the FAA; one approved method is Manager, Transport Airplane Directorate,
deactivation procedures should be submitted specified in AC 25–8 Fuel Tank Flammability Aircraft Certification Service.
to the Los Angeles ACO as soon as possible
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Minimization. In order to eliminate the


to ensure timely review and approval. possibility of structural deformation during [FR Doc. E7–21001 Filed 10–24–07; 8:45 am]
Note 2: For technical information, contact cabin decompression, leave open and secure BILLING CODE 4910–13–P
John Cox, Director of Engineering, Rogerson the disconnected auxiliary fuel tank vent
Aircraft Corporation, 16940 Von Karman, lines.
Irvine, California 92606; phone (949) 442– (5) Pull and collar all circuit breakers used
2381; fax (949) 442–2311. to operate the auxiliary tank.

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