Professional Documents
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Federal Register / Vol. 72, No. 124 / Thursday, June 28, 2007 / Proposed Rules 35369
substantive verbal contact we receive certificate (TC) and supplemental type FAA’s Determination and Requirements
about this proposed AD. certificate (STC)) holders to substantiate of This Proposed AD
Discussion that their fuel tank systems can prevent This product has been approved by
ignition sources in the fuel tanks. This the aviation authority of another
The European Aviation Safety Agency requirement applies to type design
(EASA), which is the Technical Agent country, and is approved for operation
holders for large turbine-powered in the United States. Pursuant to our
for the Member States of the European transport airplanes and for subsequent
Community, has issued EASA bilateral agreement with the State of
modifications to those airplanes. It Design Authority, we have been notified
Airworthiness Directive 2007–0066,
requires them to perform design reviews of the unsafe condition described in the
dated March 13, 2007 (referred to after
and to develop design changes and MCAI and service information
this as ‘‘the MCAI’’), to correct an unsafe
condition for the specified products. maintenance procedures if their designs referenced above. We are proposing this
The MCAI states: do not meet the new fuel tank safety AD because we evaluated all pertinent
standards. As explained in the preamble information and determined an unsafe
[T]he FAA has published SFAR 88 (Special to the rule, we intended to adopt condition exists and is likely to exist or
Federal Aviation Regulation 88). In their develop on other products of the same
letters referenced 04/00/02/07/01–L296, airworthiness directives to mandate any
dated March 4th, 2002 and 04/00/02/07/03– changes found necessary to address type design.
L024, dated February 3rd, 2003, the JAA unsafe conditions identified as a result Differences Between This AD and the
(Joint Aviation Authorities) recommended of these reviews. MCAI or Service Information
the application of a similar regulation to the
National Aviation Authorities (NAA).
In evaluating these design reviews, we We have reviewed the MCAI and
Under this regulation, all holders of type have established four criteria intended related service information and, in
certificates for passenger transport aircraft to define the unsafe conditions general, agree with their substance. But
with either a passenger capacity of 30 or associated with fuel tank systems that we might have found it necessary to use
more, or a payload capacity of 7,500 pounds require corrective actions. The different words from those in the MCAI
(3402 kg) or more, which have received their percentage of operating time during to ensure the AD is clear for U.S.
certification since January 1st, 1958, are which fuel tanks are exposed to
required to conduct a design review against
operators and is enforceable. In making
explosion risks.
flammable conditions is one of these these changes, we do not intend to differ
This Airworthiness Directive (AD), which criteria. The other three criteria address substantively from the information
renders mandatory the modification of the the failure types under evaluation: provided in the MCAI and related
fuel pump wiring against short circuit, is a single failures, single failures in service information.
consequence of this design review. combination with a latent condition(s), We might also have proposed
Note: For A310 and A300–600 aircraft, and in-service failure experience. For all different actions in this AD from those
refer to [EASA] AD 2006–0284R1. [On March four criteria, the evaluations included in the MCAI in order to follow FAA
7, 2007, the FAA issued a corresponding consideration of previous actions taken policies. Any such differences are
NPRM for Model A310 and A300–600 that may mitigate the need for further highlighted in a NOTE within the
airplanes, which was published in the action. proposed AD.
Federal Register (72 FR 11302, March 13,
2007.)] The JAA has issued a regulation that Costs of Compliance
The unsafe condition is chafing of the is similar to SFAR 88. (The JAA is an Based on the service information, we
fuel pump cables, which could result in associated body of the European Civil estimate that this proposed AD would
short circuits leading to fuel pump Aviation Conference (ECAC) affect about 29 products of U.S. registry.
failure, intermittent operation, arcing, representing the civil aviation We also estimate that it would take
and possible fuel tank explosion. You regulatory authorities of a number of about 72 work-hours per product to
may obtain further information by European States who have agreed to co- comply with the basic requirements of
examining the MCAI in the AD docket. operate in developing and this proposed AD. The average labor
The FAA has examined the implementing common safety regulatory rate is $80 per work-hour. Required
underlying safety issues involved in fuel standards and procedures.) Under this parts would cost about $5,050 per
tank explosions on several large regulation, the JAA stated that all product. Where the service information
transport airplanes, including the members of the ECAC that hold type lists required parts costs that are
adequacy of existing regulations, the certificates for transport category covered under warranty, we have
service history of airplanes subject to airplanes are required to conduct a assumed that there will be no charge for
those regulations, and existing design review against explosion risks. these costs. As we do not control
maintenance practices for fuel tank We have determined that the actions warranty coverage for affected parties,
systems. As a result of those findings, identified in this AD are necessary to some parties may incur costs higher
we issued a regulation titled ‘‘Transport reduce the potential of ignition sources than estimated here. Based on these
Airplane Fuel Tank System Design inside fuel tanks, which, in combination figures, we estimate the cost of the
Review, Flammability Reduction and with flammable fuel vapors, could result proposed AD on U.S. operators to be
Maintenance and Inspection $313,490, or $10,810 per product.
in fuel tank explosions and consequent
Requirements’’ (66 FR 23086, May 7,
loss of the airplane. Authority for This Rulemaking
2001). In addition to new airworthiness
standards for transport airplanes and Relevant Service Information Title 49 of the United States Code
specifies the FAA’s authority to issue
rfrederick on PROD1PC67 with PROPOSALS
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35370 Federal Register / Vol. 72, No. 124 / Thursday, June 28, 2007 / Proposed Rules
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