16152 Federal Register / Vol. 74, No. 67 / Thursday, April 9, 2009 / Proposed Rules 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0324; Directorate 

Identifier 2008–NM–186–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A300 B4–601, B4–603, B4–605R, B4– 

620, B4–622, B4–622R, F4–605R, F4– 

622R, and C4–605R Variant F Series 

Airplanes Equipped With Simmonds 

Precision Products, Inc., Fuel Quantity 

Indicating System Sensors and In-Tank 

Harnesses Installed in Accordance 

With Supplemental Type Certificate 

(STC) ST00092BO 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

Airbus model series airplanes. This 

proposed AD would require revising the 

Airworthiness Limitations Section of 

the Instructions for Continuing 

Airworthiness to incorporate new fuel 

system limitations for airplanes 

modified in accordance with STC 

ST00092BO. This AD also requires 

performing a general visual inspection 

for tank unit separation and 

compensator separation of the: center, 

inner, outer fuel tanks, and trim fuel 

tanks of the tank units, and corrective 

actions if necessary. This proposed AD 

results from fuel system reviews 

conducted by the manufacturer. We are 

proposing this AD to prevent a potential 

of ignition sources inside fuel tanks, 

which in combination with flammable 

fuel vapors, could result in a fuel tank 

fire or explosion and consequent loss of 

the airplane. 

DATES: We must receive comments on 

this proposed AD by May 26, 2009. 

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. 

For service information identified in 

this AD, contact Goodrich Corporation, 

Fuel and Utility Systems, 100 Panton 

Road, Vergennes, Vermont 05491–1008; 

telephone 802–877–4476; e-mail 

lgd.TechPubs.Oakville@goodrich.com; 

Internet http://www.goodrich.com/ 

TechPubs. You may review copies of the 

referenced 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. 

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: 

Marc Ronell, Aerospace Engineer, ANE– 

150, FAA, Boston Aircraft Certification 

Office, 12 New England Executive Park, 

Burlington, Massachusetts 01803; 

telephone (781) 238–7776; fax (781) 

238–7170. 

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–2009–0324; Directorate Identifier 

2008–NM–186–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)) holders to substantiate 

that their fuel tank systems can prevent 

ignition sources in the fuel tanks. This 

requirement applies to type design 

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 a latent condition(s), 

and in-service failure experience. For all 

four criteria, the evaluations included 

consideration of previous actions taken 

that may mitigate the need for further 

action. 

We have determined that the actions 

identified in this 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. 

Relevant Service Information 

We have reviewed Goodrich A300– 

600 Instructions for Continued 

Airworthiness, Document T3012–0005– 

0101, Revision B, dated June 12, 2008. 

The document describes new 

airworthiness limitations (AWLs) for 


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Federal Register / Vol. 74, No. 67 / Thursday, April 9, 2009 / Proposed Rules 16153 

fuel tank systems. The new AWLs 

include: 

• AWL inspections, which are 

periodic inspections of certain features 

for latent failures that could contribute 

to an ignition source; and 

• Critical design configuration control 

limitations (CDCCL), which are 

limitation requirements to preserve a 

critical ignition source prevention 

feature of the fuel tank system design 

that is necessary to prevent the 

occurrence of an unsafe condition. The 

purpose of a CDCCL is to provide 

instruction to retain the critical ignition 

source prevention feature during 

configuration changes that may be 

caused by alterations, repairs, or 

maintenance actions. A CDCCL is not a 

periodic inspection. 

The instructions describe procedures 

to perform a general visual inspection 

(GVI) for tank unit separation and 

compensator separation of the: Center, 

inner, outer fuel tanks, and trim fuel 

tanks of the tank units. 

We have also reviewed Goodrich 

Service Bulletin 300723–0101–28–01, 

Revision 1, dated July 1, 2004. The 

service bulletin describes procedures to 

perform an inspection of each probe and 

compensator location for sufficient 

clearance to structure. 

Other Related AD 

We issued AD 2004–05–05, 

amendment 39–13499 (69 FR 10319, 

March 5, 2004) on February 20, 2004, 

for certain Airbus Model A300–600, 

A300, and A310 airplanes. We issued 

that AD to require a one-time inspection 

of the space between the fuel quantity 

indication probes and any adjacent 

structures for minimum clearance and 

corrective action if necessary. 

Doing inspections in accordance with 

section 2.2.3 of the Goodrich A300–600 

Instructions for Continued 

Airworthiness, Document T3012–0005– 

0101, Revision B, dated June 12, 2008, 

and Goodrich Service Bulletin 300723– 

0101–28–01, Revision 1, dated July 1, 

2004, are acceptable methods of 

compliance for paragraphs (b) and (c) of 

AD 2004–05–05. 

FAA’s Determination and Requirements 

of this Proposed AD 

We are proposing this AD because we 

evaluated all relevant information and 

determined the unsafe condition 

described previously is likely to exist or 

develop in other products of the(se) 

same type design(s). This proposed AD 

would require accomplishing the 

actions specified in the service 

information described previously, 

except as described in the ‘‘Differences 

Between the Proposed AD and the 

Service Information.’’ 

Differences Between the Proposed AD 

and the Service Information 

The service information does not 

specify initial compliance times for 

doing GVI for tank unit separation and 

compensator separation of the: center, 

inner, outer fuel tanks, and trim fuel 

tanks of the tank units. This AD requires 

an initial inspection for the GVI 

inspections within six months after the 

effective date of this AD. 

The service information does not 

include corrective actions if incorrect 

separation is found. This AD also 

requires, if incorrect separation is 

found, correction of the separation in 

accordance with the airplane 

maintenance manual for the 

corresponding inspection specified in 

section 2.2.3 of the Goodrich A300–600 

Instructions for Continued 

Airworthiness, Document T3012–0005– 

0101, Revision B, dated June 12, 2008. 

Costs of Compliance 

We estimate that this proposed AD 

would affect 68 airplanes of U.S. 

registry. We also estimate that it would 

take about 8 work-hours per product to 

comply with this proposed AD. The 

average labor rate is $80 per work-hour. 

Based on these figures, we estimate the 

cost of this proposed AD to the U.S. 

operators to be $43,520, or $640 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 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, Incorporation by reference, 

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. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 

Simmonds Precision Products, Inc., D/B/A 

Goodrich Corporation Fuel & Utility 

Systems: Docket No. FAA–2009–0324; 

Directorate Identifier 2008–NM–186–AD. 

Comments Due Date 

(a) We must receive comments by May 26, 

2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Airbus Model A300 

B4–601, B4–603, B4–605R, B4–620, B4–622, 

B4–622R, F4–605R, F4–622R, and C4–605R 

Variant F series airplanes, certificated in any 

category, equipped with Simmonds Precision 

Products, Inc., Fuel Quantity Indicating 

System sensors and in-tank harnesses 

installed in accordance with supplemental 

type certificate (STC) ST00092BO. 

Note 1: This AD requires revisions to 

certain operator maintenance documents to 

include new inspections and critical design 

configuration control limitations (CDCCLs). 

Compliance with these inspections is 

required by 14 CFR 91.403(c). For airplanes 

that have been previously modified, altered, 


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16154 Federal Register / Vol. 74, No. 67 / Thursday, April 9, 2009 / Proposed Rules 

or repaired in the areas addressed by these 

inspections and CDCCLs, the operator may 

not be able to accomplish the inspections and 

CDCCLs, described in the revisions. In this 

situation, to comply with 14 CFR 91.403(c), 

the operator must request approval for an 

alternative method of compliance according 

to paragraph (o) of this AD. The request 

should include a description of changes to 

the required inspections and CDCCLs that 

will ensure the continued operational safety 

of the airplane. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 28: Fuel. 

Unsafe Condition 

(e) This AD results from fuel system 

reviews conducted by the manufacturer. The 

Federal Aviation Administration is 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 fire or explosions 

and consequent loss of the airplane. 

Compliance 

(f) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless 

already done. 

Revision to the Airworthiness Limitations 

Section 

(g) Within 30 days after the effective date 

of this AD, revise the Airworthiness 

Limitations Section (ALS) of the Instructions 

for Continued Airworthiness to incorporate 

the inspections specified in section 2.2.3 of 

the Goodrich A300–600 Instructions for 

Continued Airworthiness, Document T3012– 

0005–0101, Revision B, dated June 12, 2008. 

(h) Within six months after the effective 

date of this AD, do a general visual 

inspection for tank unit separation and 

compensator separation of the: center, inner, 

outer fuel tanks, and trim fuel tanks of the 

tank units, in accordance with section 2.2.3 

of the Goodrich A300–600 Instructions for 

Continued Airworthiness, Document T3012– 

0005–0101, Revision B, dated June 12, 2008. 

If incorrect separation is found, in 

accordance with section 2.2.3 of the 

Goodrich A300–600 Instructions for 

Continued Airworthiness, Document T3012– 

0005–0101, Revision B, dated June 12, 2008, 

before further flight, correct the separation in 

accordance with the airplane maintenance 

manual for the corresponding inspection 

specified in section 2.2.3 of the Goodrich 

A300–600 Instructions for Continued 

Airworthiness Document T3012–0005–0101, 

Revision B, dated June 12, 2008. A review of 

airplane maintenance records is acceptable in 

lieu of this inspection if the requirement of 

Table 6 in section 10.1 of the Goodrich 

A300–600 Instructions for Continued 

Airworthiness, Document T3012–0005–0101, 

Revision B, dated June 12, 2008, can be 

conclusively determined to have been done 

from that review. 

(i) Within 30 days after the effective date 

of this AD, revise the ALS of the Instructions 

for Continued Airworthiness to incorporate 

the CDCCLs as defined in section 10.1 of the 

Goodrich A300–600 Instructions for 

Continued Airworthiness, Document T3012– 

0005–0101, Revision B, dated June 12, 2008. 

(j) Except as provided by paragraph (o) of 

this AD: After accomplishing the actions 

specified in paragraphs (g) and (i) of this AD, 

no alternative inspection, inspection 

intervals, or CDCCLs may be used. 

Actions Done According to Previous Service 

Information 

(k) Inspections are acceptable for 

compliance with the requirements of 

paragraph (h) of this AD, if done before the 

effective date of this AD, in accordance with 

Goodrich Service Bulletin 300723–0101–28– 

01, dated April 15, 2004. 

(l) Inspections are also acceptable for 

compliance with the requirements of 

paragraph (h) of this AD, if done in 

accordance with Goodrich Service Bulletin 

300723–0101–28–01, Revision 1, dated July 

1, 2004. 

Acceptable Methods of Compliance for AD 

2004–05–05 

(m) Doing the inspections in section 2.2.3 

of the Goodrich A300–600 Instructions for 

Continued Airworthiness Document T3012– 

0005–0101, Revision B, dated June 12, 2008, 

is considered an acceptable method of 

compliance to paragraphs (b) and (c) of AD 

2004–05–05, amendment 39–13499. 

(n) Doing the inspections in accordance 

with Goodrich Service Bulletin 300723– 

0101–28–01, Revision 1, dated July 1, 2004, 

is an acceptable method of compliance to 

paragraphs (b) and (c) of AD 2004–05–05. 

Alternative Methods of Compliance 

(AMOCs) 

(o)(1) The Manager, Boston Aircraft 

Certification Office (ACO), 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: Marc 

Ronell, Aerospace Engineer, ANE–150, FAA, 

Boston ACO, 12 New England Executive 

Park, Burlington, Massachusetts 01803; 

telephone (781) 238–7776; fax (781) 238– 

7170. 

(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 principal maintenance inspector 

(PMI) or principal avionics inspector (PAI), 

as appropriate, or lacking a principal 

inspector, your local Flight Standards District 

Office. The AMOC approval letter must 

specifically reference this AD. 

Issued in Renton, Washington, on April 2, 

2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–8081 Filed 4–8–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–0083; Directorate 

Identifier 2006–NM–266–AD] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–135BJ, 

–135ER, –135KE, –135KL, –135LR, 

–145, –145ER, –145MR, –145LR, 

–145XR, –145MP, and –145EP 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Supplemental notice of 

proposed rulemaking (NPRM); 

reopening of comment period. 

SUMMARY: We are revising an earlier 

NPRM for the products listed above. 

This action revises the earlier NPRM by 

expanding the scope. This proposed 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: 

It has been found the occurrence of engine 

anti-ice system valve failure, where the valve 

spring seat has broken and obstructed the 

anti-ice system venturi tube. Therefore, 

should the aircraft encounter icing 

conditions, ice may accrete in the engine 

inlet lip and be ingested through the air inlet, 

resulting in possible engine damage and 

flame-out. 

The proposed AD would require 

actions that are intended to address the 

unsafe condition described in the MCAI. 

DATES: We must receive comments on 

this proposed AD by May 4, 2009. 

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 

W12–40, 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed AD, contact Empresa 


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