Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Rules and Regulations 12233 

TABLE 5—NEW MATERIAL INCORPORATED BY REFERENCE—Continued 

Document Revision Date 

TRW Aeronautical Systems Horizontal Stabilizer Actuator 47142 Series Component Maintenance 

Manual with Illustrated Parts List 27–44–13.

Original ........ September 14, 2001. 

(2) The Director of the Federal Register 

previously approved the incorporation by 

reference of the service information 

contained in Table 6 of this AD on August 

29, 2006 (71 FR 42021, July 25, 2006). 

TABLE 6—MATERIAL PREVIOUSLY INCORPORATED BY REFERENCE IN AD 2006–15–10 

Document Revision Date 

Airbus Service Bulletin A300–27–6044 .............................................................................................. 04 September 10, 2001. 

Airbus Service Bulletin A310–27–2089 .............................................................................................. 02 June 28, 2001. 

(3) The Director of the Federal Register 

previously approved the incorporation by 

reference of the service information 

contained in Table 7 of this AD on June 20, 

2006 (71 FR 28254, May 16, 2006). 

TABLE 7—MATERIAL PREVIOUSLY INCORPORATED BY REFERENCE IN AD 2006–10–11 

Document Revision Date 

Airbus Service Bulletin A310–27–2092 ................................................................................................ 02 ................ April 11, 2005. 

Airbus Service Bulletin A310–27–2095 ................................................................................................ Original ........ March 29, 2000. 

(4) For Airbus service information 

identified in this AD, contact Airbus SAS— 

EAW (Airworthiness Office), 1 Rond Point 

Maurice Bellonte, 31707 Blagnac Cedex, 

France; telephone +33 5 61 93 36 96; fax +33 

5 61 93 44 51; e-mail: account.airwortheas@airbus.com; Internet http:// 

www.airbus.com. 

(5) For TRW Aeronautical Systems service 

information identified in this AD, contact 

TRW Syste ́mes Aeacute;ronautiques Civils 

SAS, Product Support Department, 7–9 

Avenue de l’Eguillette, Saint Ouen l’Aumone 

BP 7186, 95056 Cergy-Pontoise Cedex 

France, telephone +33 1 34 32 63 00; fax +33 

1 34 32 63 10. 

(6) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221 or 425–227–1152. 

(7) You may also review copies of the 

service information incorporated by reference 

at the National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

202–741–6030, or go to: http://www.archives.

gov/federal_register/code_of_federal_

regulations/ibr_locations.html. 

Issued in Renton, Washington, on February 

27, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–5969 Filed 3–23–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0668; Directorate 

Identifier 2008–NM–088–AD; Amendment 

39–15847; AD 2009–06–11] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model ERJ 190 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

During aircraft structure fatigue tests, 

cracks were found in the wing lower skin 

stringers between ribs 7 and 10 on both 

wings. In order to prevent fatigue cracks in 

the wing lower skin stringers, which could 

result in fuel leakage and reduced structural 

integrity of the wing, the referred stringers 

must be reworked. 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective April 

28, 2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of April 28, 2009. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at the 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Kenny Kaulia, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–2848; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on June 24, 2008 (73 FR 35597). 

That NPRM proposed to correct an 

unsafe condition for the specified 

products. The MCAI states: 

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12234 Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Rules and Regulations 

During aircraft structure fatigue tests, 

cracks were found in the wing lower skin 

stringers between ribs 7 and 10 on both 

wings. In order to prevent fatigue cracks in 

the wing lower skin stringers, which could 

result in fuel leakage and reduced structural 

integrity of the wing, the referred stringers 

must be reworked. 

The corrective actions include spotfacing the lower wing stringers between 

ribs 7 and 10, doing a dye-penetrant 

inspection of the reworked stringers, 

shot-or flap-peening if no cracking is 

found, contacting the Manager, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA; or 

the Ageˆncia Nacional de Aviac ̧a ̃o Civil 

(ANAC) (or its delegated agent) if any 

crack is found, and repairing. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comments received. 

Request To Include New Revision of 

Service Bulletin and New Inspection 

Option 

EMBRAER states that it has issued 

EMBRAER Service Bulletin 190–57– 

0005, Revision 02, dated May 27, 2008. 

(We referred to EMBRAER Service 

Bulletin 190–57–0005, Revision 01, 

dated October 27, 2006, as the 

appropriate source of service 

information in the NPRM.) EMBRAER 

states that EMBRAER Service Bulletin 

190–57–0005, Revision 02, dated May 

27, 2008, provides procedures for an 

eddy current inspection rather than the 

dye-penetrant inspection method 

specified in EMBRAER Service Bulletin 

190–57–0005, Revision 01, dated 

October 27, 2006. The eddy current 

inspection method uses equipment that 

is more appropriate for handling inside 

the fuel tank. EMBRAER states that 

airplanes already inspected using the 

dye-penetrant inspection method do not 

require additional inspection, and 

requests that EMBRAER Service 

Bulletin 190–57–0005, Revision 01, 

dated October 27, 2006, be considered 

an alternative method for complying 

with the NPRM. 

We agree that the eddy current 

inspection method specified in 

EMBRAER Service Bulletin 190–57– 

0005, Revision 02, dated May 27, 2008, 

is an acceptable optional way to do the 

inspection for cracking of the reworked 

stringers. Therefore, we have revised 

paragraph (f) of this AD to specify that 

operators may accomplish either the 

dye-penetrant inspection in accordance 

with EMBRAER Service Bulletin 190– 

57–0005, Revision 01, dated October 27, 

2006, or the eddy current inspection in 

accordance with EMBRAER Service 

Bulletin 190–57–0005, Revision 02, 

dated May 27, 2008. 

Request To Change Shot-Peening to 

Flap-Peening 

EMBRAER states that paragraph 

(f)(2)(i) of the NPRM should specify 

flap-peening of the reworked stringers if 

no cracking is found, rather than shotpeening as is specified in the NPRM. 

EMBRAER states that EMBRAER 

Service Bulletin 190–57–0005, Revision 

02, dated May 27, 2008, specifies flap 

peening rather than shot peening. 

We partially agree. We agree with the 

request to specify flap-peening in 

paragraph (f)(2)(i) of the AD; however, 

we disagree with specifying only flap 

peening in that paragraph because shotpeening is also an acceptable method of 

compliance. Airplanes that are in 

compliance with EMBRAER Service 

Bulletin 190–57–0005, Revision 01, 

dated October 27, 2006, do not need 

additional action. We have revised 

paragraph (f)(2)(i) of this AD to specify 

that both shot peening and flap peening 

are acceptable methods of compliance. 

Request To Revise Contact for Repair 

Information 

EMBRAER requests that we revise 

paragraph (f)(2)(ii) of the NPRM to 

specify that operators may contact not 

only Ageˆncia Nacional de Aviac ̧a ̃o Civil 

(ANAC) for repair instructions if 

cracking is found, but also its delegated 

agent, or the Manager of the FAA’s 

Transport Airplane Directorate (TAD). 

We agree that contacting one of 

ANAC’s delegated agents or the TAD is 

appropriate. Therefore, we have 

changed paragraphs (e) and (f)(2)(ii) of 

this AD, and the last paragraph of the 

‘‘Discussion’’ section, to specify that 

operators may also contact a delegated 

agent of ANAC, or the Manager of the 

TAD for repair instructions. 

Conclusion 

We reviewed the available data, 

including the comments received, and 

determined that air safety and the 

public interest require adopting the AD 

with the changes described previously. 

We determined that these changes will 

not increase the economic burden on 

any operator or increase the scope of the 

AD. 

Differences Between This AD and the 

MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We might also have required different 

actions in this AD from those in the 

MCAI in order to follow our FAA 

policies. Any such differences are 

highlighted in a NOTE within the AD. 

Costs of Compliance 

We estimate that this AD will affect 

18 products of U.S. registry. We also 

estimate that it will take 110 work-hours 

per product to comply with the basic 

requirements of this AD. The average 

labor rate is $80 per work-hour. Based 

on these figures, we estimate the cost of 

this AD to the U.S. operators to be 

$158,400 or $8,800 per product. 

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 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 this AD: 

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. 

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Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Rules and Regulations 12235 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this AD and placed it in the AD docket. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains the NPRM, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Operations office (telephone 

(800) 647–5527) is in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after receipt. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

2009–06–11 Empresa Brasileira De 

Aeronautica S.A. (EMBRAER): 

Amendment 39–15847. Docket No. 

FAA–2008–0668; Directorate Identifier 

2008–NM–088–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective April 28, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to EMBRAER Model 

ERJ 190–100 STD, –100 LR, –100 IGW, 

–100ECJ, –200 STD, –200 LR, and –200 IGW 

airplanes, certificated in any category, serial 

numbers 19000004, 19000006 through 

19000028 inclusive, and 19000030 through 

19000039 inclusive. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 57: Wings. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

During aircraft structure fatigue tests, 

cracks were found in the wing lower skin 

stringers between ribs 7 and 10 on both 

wings. In order to prevent fatigue cracks in 

the wing lower skin stringers, which could 

result in fuel leakage and reduced structural 

integrity of the wing, the referred stringers 

must be reworked. 

The corrective actions include spot-facing 

the lower wing stringers between ribs 7 and 

10, doing a dye-penetrant or eddy current 

inspection of the reworked stringers, shot- or 

flap-peening if no cracking is found, 

contacting the Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, FAA; or the Ageˆncia Nacional de 

Aviac ̧a ̃o Civil (ANAC) (or its delegated agent) 

if any crack is found, and repairing. 

Actions and Compliance 

(f) Unless already done: Prior to the 

accumulation of 5,000 total flight cycles, or 

within 500 flight cycles after the effective 

date of this AD, whichever occurs later, do 

the following actions. 

(1) Spot-face the lower wing stringers 

between ribs 7 and 10 on both wings by 

changing their run out in accordance with 

the Accomplishment Instructions of 

EMBRAER Service Bulletin 190–57–0005, 

Revision 01, dated October 27, 2006; or 

Revision 02, dated May 27, 2008. 

(2) Do a dye-penetrant inspection for 

cracking of the reworked stringers in 

accordance with the Accomplishment 

Instructions of EMBRAER Service Bulletin 

190–57–0005, Revision 01, dated October 27, 

2006; or an eddy current inspection for 

cracking of the reworked stringers in 

accordance with the Accomplishment 

Instructions of EMBRAER Service Bulletin 

190–57–0005, Revision 02, dated May 27, 

2008. 

(i) If no cracking is detected: Before further 

flight, flap-peen or shot-peen the stringer 

reworked area following the parameters 

indicated in the Accomplishment 

Instructions of EMBRAER Service Bulletin 

190–57–0005, Revision 01, dated October 27, 

2006; or Revision 02, dated May 27, 2008. 

(ii) If any cracking is detected: Before 

further flight, repair the airplane using a 

method approved by either the Manager, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA; or the ANAC (or 

its delegated agent). 

(3) Actions done before the effective date 

of this AD in accordance with EMBRAER 

Service Bulletin 190–57–0005, dated October 

10, 2006; are acceptable for compliance with 

the corresponding requirements of paragraph 

(f) of this AD. 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

Send information to ATTN: Kenny Kaulia, 

Aerospace Engineer, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue, SW., Renton, Washington 98057– 

3356; telephone (425) 227–2848; fax (425) 

227–1149. Before using any approved AMOC 

on any airplane to which the AMOC applies, 

notify your principal maintenance inspector 

(PMI) or principal avionics inspector (PAI), 

as appropriate, or lacking a principal 

inspector, your local Flight Standards District 

Office. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act, 

the Office of Management and Budget (OMB) 

has approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI Brazilian Airworthiness 

Directive 2008–01–02, effective February 25, 

2008; EMBRAER Service Bulletin 190–57– 

0005, Revision 01, dated October 27, 2006; 

and EMBRAER Service Bulletin 190–57– 

0005, Revision 02, dated May 27, 2008; for 

related information. 

Material Incorporated by Reference 

(i) You must use EMBRAER Service 

Bulletin 190–57–0005, Revision 01, dated 

October 27, 2006; or EMBRAER Service 

Bulletin 190–57–0005, Revision 02, dated 

May 27, 2008; as applicable; to do the actions 

required by this AD, unless the AD specifies 

otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Empresa Brasileira de 

Aeronautica S.A. (EMBRAER), Technical 

Publications Section (PC 060), Av. Brigadeiro 

Faria Lima, 2170—Putim—12227–901 Sa ̃o 

Jose dos Campos—SP—BRASIL; telephone: 

+55 12 3927–5852 or +55 12 3309–0732; fax: 

+55 12 3927–7546; e-mail: 

distrib@embraer.com.br; Internet: http:// 

www.flyembraer.com. 

(3) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221 or 425–227–1152. 

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, or go 

to: http://www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

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12236 Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Rules and Regulations 

Issued in Renton, Washington, on February 

20, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–5966 Filed 3–23–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0846; Directorate 

Identifier 2008–NM–045–AD; Amendment 

39–15857; AD 2009–06–20] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 757–200, 757–200PF, and 757– 

300 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Boeing Model 757–200, 757–200PF, and 

757–300 series airplanes. This AD 

requires, for certain airplanes, 

measuring the electrical bond resistance 

at certain stations and doing any 

applicable repair; installing support 

brackets for the hot short protector and 

new support clamps for the wire 

bundles; installing the equipment of the 

hot short protector; and modifying an 

existing wire bundle and installing a 

new wire bundle. This AD also requires, 

for certain other airplanes, measuring 

the electrical bond resistance at certain 

stations, measuring the electrical 

bonding resistance between the hot 

short protector and rear spar web, and 

doing any applicable repair. This AD 

also requires revising the Airworthiness 

Limitations section of the Instructions 

for Continued Airworthiness. This AD 

results from fuel system reviews 

conducted by the manufacturer. We are 

issuing this AD to prevent the center 

fuel tank densitometer from overheating 

and becoming a potential ignition 

source inside the fuel tank, which, in 

combination with flammable fuel 

vapors, could result in a center fuel tank 

explosion and consequent loss of the 

airplane. 

DATES: This AD is effective April 28, 

2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of April 28, 2009. 

ADDRESSES: For service information 

identified in this AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, P.O. Box 3707, 

MC 2H–65, Seattle, Washington 98124– 

2207; telephone 206–544–5000, 

extension 1, fax 206–766–5680; e-mail 

me.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. 

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: Jen 

Pei, Aerospace Engineer, Systems and 

Equipment Branch, ANM–130S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue SW., Renton, 

Washington 98057–3356; telephone 

(425) 917–6409; fax (425) 917–6590. 

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 

certain Boeing Model 757–200, 757– 

200PF, and 757–300 series airplanes. 

That NPRM was published in the 

Federal Register on August 7, 2008 (73 

FR 45895). That NPRM proposed to 

require, for certain airplanes, measuring 

the electrical bond resistance at certain 

stations and doing any applicable 

repair; installing support brackets for 

the hot short protector and new support 

clamps for the wire bundles; installing 

the equipment of the hot short protector; 

and modifying an existing wire bundle 

and installing a new wire bundle. That 

NPRM also proposed to require, for 

certain other airplanes, measuring the 

electrical bond resistance at certain 

stations, measuring the electrical 

bonding resistance between the hot 

short protector and rear spar web, and 

doing any applicable repair. That NPRM 

also proposed to require revising the 

Airworthiness Limitations section of the 

Instructions for Continued 

Airworthiness. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the two comments received. 

Support for the NPRM 

Boeing concurs with the NPRM. 

Request to Exempt Cargo-Only 

Airplanes 

Air Transport Association, on behalf 

of one of its members, UPS, proposes 

that cargo-only airplanes be exempt 

from installing the hot short protector 

specified in the NPRM, based on the 

same reasons used to exclude cargo-only 

airplanes in Federal Aviation 

Regulations change, ‘‘Reduction of Fuel 

Tank Flammability in Transport 

Category Airplanes,’’ Docket FAA– 

2005–22997 (Final Rule issued July 9, 

2008, amendment numbers 25–125, 26– 

2, 121–340, 125–55, and 129–46): 

• Cargo operations are predominately 

at night when outside temperatures are 

lower. 

• Cargo operators turn off packs prior 

to takeoff. 

• Cargo operators have fewer daily 

flights (2) compared to passenger 

operators (4–6). 

• The cost/benefit does not justify 

retrofit on current cargo aircraft. 

UPS recommends that all cargo-only 

airplanes currently in operation be 

exempt from the retrofit/installation 

portion of the NPRM and service 

bulletin. UPS is of the opinion that 

changing the Instructions for Continuing 

Airworthiness and maintenance 

programs to perform bonding checks 

will be sufficient in addressing the 

potential short issue in existing cargoonly airplanes. UPS does not object to 

new cargo-only airplanes having the hot 

short protector installed. 

We do not agree with the request to 

exempt cargo-only airplanes from the 

requirements of this AD. Although the 

fuel tank flammability reduction rule 

(mentioned previously) provides 

important safety improvements, it was 

not intended to address any specific 

identified unsafe conditions. Instead, 

that rule provides an additional layer of 

protection when unidentified and 

uncorrected fuel tank ignition sources 

develop. This AD, however, addresses 

an identified ignition source in the fuel 

tank system. While the factors 

mentioned by the operator may reduce 

the probability that this ignition source 

will actually cause a fuel tank 

explosion, they do not justify allowing 

this known ignition source to continue 

to exist when practical means exist to 

eliminate it. We have not changed the 

AD in this regard. 

Actions Since NPRM Was Issued 

We have reviewed Airworthiness 

Limitation (AWL) No. 28-AWL–22 of 

Subsection G of Section 9, D622N001– 

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