45888 Federal Register / Vol. 73, No. 153 / Thursday, August 7, 2008 / Proposed Rules 

5. No corrosive fluids or gases that 

may escape from any lithium battery 

may damage surrounding structure or 

any adjacent systems, equipment, or 

electrical wiring of the airplane in such 

a way as to cause a major or more severe 

failure condition, in accordance with 

§ 25.1309(b) and applicable regulatory 

guidance. 

6. Each lithium battery installation 

must have provisions to prevent any 

hazardous effect on structure or 

essential systems caused by the 

maximum amount of heat the battery 

can generate during a short circuit of the 

battery or of its individual cells. 

7. Lithium battery installations must 

have a system to control the charging 

rate of the battery automatically, so as 

to prevent battery overheating or 

overcharging, and, 

(a) A battery temperature sensing and 

over-temperature warning system with a 

means for automatically disconnecting 

the battery from its charging source in 

the event of an over-temperature 

condition, or 

(b) A battery failure sensing and 

warning system with a means for 

automatically disconnecting the battery 

from its charging source in the event of 

battery failure. 

8. Any lithium battery installation 

whose function is required for safe 

operation of the airplane must 

incorporate a monitoring and warning 

feature that will provide an indication 

to the appropriate flight crewmembers 

whenever the state-of-charge of the 

batteries has fallen below levels 

considered acceptable for dispatch of 

the airplane. 

9. The Instructions for Continued 

Airworthiness required by § 25.1529 

must contain maintenance requirements 

to assure that the lithium battery is 

sufficiently charged at appropriate 

intervals specified by the battery 

manufacturer to ensure that batteries 

whose function is required for safe 

operation of the airplane will not 

degrade below specified ampere-hour 

levels sufficient to power the electronic 

flight bag applications that are required 

for continued safe flight and landing. 

The Instructions for Continued 

Airworthiness must also contain 

procedures for the maintenance of 

lithium batteries in spares storage to 

prevent the replacement of batteries 

whose function is required for safe 

operation of the airplane with batteries 

that have experienced degraded charge 

retention ability or other damage due to 

prolonged storage at a low state of 

charge. Precautions should be included 

in the Instructions for Continued 

Airworthiness maintenance instructions 

to prevent mishandling of the lithium 

battery which could result in shortcircuit or other unintentional damage 

that could result in personal injury or 

property damage. 

Note 1: The term ‘‘sufficiently charged’’

means a charge that is above a minimum 

level, expressed in ampere-hours, below 

which the battery will reduce its capacity to 

be fully charged and/or the ability to retain 

a complete charge. This reduction in 

charging and retaining a full charge capacity 

is below the original design capacity that 

may result from normal operational 

degradation. 

Note 2: These special conditions are not 

intended to replace § 25.1353(c), Amendment 

25–113 in the certification basis of the L2 

Consulting Services supplemental type 

certificate. These special conditions apply 

only to lithium batteries and their 

installations. The requirements of 

§ 25.1353(c), Amendment 25–113 remain in 

effect for batteries and battery installations 

on the L2 Consulting Services supplemental 

type certificate that do not use lithium 

batteries. 

Compliance with the requirements of 

these special conditions must be shown 

by test or analysis, with the concurrence 

of the Fort Worth Special Certification 

Office. 

Issued in Renton, Washington, on July 29, 

2008. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–18139 Filed 8–6–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0848; Directorate 

Identifier 2008–NM–082–AD] 

RIN 2120–AA64 

Airworthiness Directives; Saab Model 

SAAB 2000 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. 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: 

Subsequent to accidents involving Fuel 

Tank System explosions in flight * * * and 

on ground, * * * Special Federal Aviation 

Regulation 88 (SFAR88) * * * required 

* * * a design review against explosion 

risks. 

* * * * * 

The unsafe condition is 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. 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 September 8, 2008. 

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. 

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 this proposed AD, 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. 

FOR FURTHER INFORMATION CONTACT: 

Shahram Daneshmandi, Aerospace 

Engineer, International Branch, ANM–

116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1112; fax (425) 227–1149. 

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–2008–0848; Directorate Identifier 

2008–NM–082–AD’’ at the beginning of 

your comments. We specifically invite 


rmajette on PRODPC74 with PROPOSALS
Federal Register / Vol. 73, No. 153 / Thursday, August 7, 2008 / Proposed Rules 45889 

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 based on 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 European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2008–0031, 

dated February 15, 2008 (referred to 

after this as ‘‘the MCAI’’), to correct an 

unsafe condition for the specified 

products. The MCAI states: 

Subsequent to accidents involving Fuel 

Tank System explosions in flight * * * and 

on ground, the FAA has published Special 

Federal Aviation Regulation 88 (SFAR88) in 

June 2001. In their Letters referenced 04/00/ 

02/07/01–L296 dated March 4th, 2002 and 

04/00/02/07/03–L024, dated February 3rd, 

2003, the Joint Aviation Authorities (JAA) 

recommended the application of a similar 

regulation to the National Aviation 

Authorities (NAA). 

Under current European Union regulation, 

all holders of type certificates for passenger 

transport aircraft with either a passenger 

capacity of 30 or more, or a payload capacity 

of 7,500 pounds (3,402 kg) or more, which 

have received their certification after January 

1st, 1958, are required to conduct a design 

review against explosion risks. 

This Airworthiness Directive (AD), which 

is the result of one of these design reviews, 

requires a wiring modification of the FQIS 

(Fuel Quantity Indication System) Signal 

conditioner 28VDC (volts direct current) 

supply and replacement of the Fuel Pump 

harness inside the wing tanks (both LH and 

RH (left- and right-hand)). 

The unsafe condition is 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. The corrective actions include 

functional and operational tests. You 

may obtain further information by 

examining the MCAI in the AD docket. 

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. 

The Joint Aviation Authorities (JAA) 

has issued a regulation that is similar to 

SFAR 88. (The JAA is an associated 

body of the European Civil Aviation 

Conference (ECAC) representing the 

civil aviation regulatory authorities of a 

number of European States who have 

agreed to cooperate in developing and 

implementing common safety regulatory 

standards and procedures.) Under this 

regulation, the JAA stated that all 

members of the ECAC that hold type 

certificates for transport category 

airplanes are required to conduct a 

design review against explosion risks. 

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 

Saab has issued Service Bulletin 

2000–28–013, dated October 11, 2007; 

and Service Bulletin 2000–28–014, 

Revision 02, dated January 23, 2008. 

The actions described in this service 

information are intended to correct the 

unsafe condition identified in the 

MCAI. 

FAA’s Determination and Requirements 

of This Proposed AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with the State of 

Design Authority, we have been notified 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all pertinent 

information and determined an unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

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 proposed 

different actions in this AD from those 

in the MCAI in order to follow FAA 

policies. Any such differences are 

highlighted in a NOTE within the 

proposed AD. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 6 products of U.S. registry. 

We also estimate that it would take 

about 80 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $80 per work-hour. Required 

parts would cost about $14,040 per 

product. Where the service information 

lists required parts costs that are 

covered under warranty, we have 

assumed that there will be no charge for 

these costs. As we do not control 

warranty coverage for affected parties, 

some parties may incur costs higher 

than estimated here. Based on these 

figures, we estimate the cost of the 

proposed AD on U.S. operators to be 

$122,640, or $20,440 per product. 


rmajette on PRODPC74 with PROPOSALS
45890 Federal Register / Vol. 73, No. 153 / Thursday, August 7, 2008 / Proposed Rules 

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. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this proposed AD and placed it in the 

AD docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, 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: 

Saab Aircraft AB: Docket No. FAA–2008–

0848; Directorate Identifier 2008–NM–

082–AD. 

Comments Due Date 

(a) We must receive comments by 

September 8, 2008. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Saab Model SAAB 

2000 airplanes, certificated in any category, 

all serial numbers. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 28: Fuel. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

Subsequent to accidents involving Fuel 

Tank System explosions in flight * * * and 

on ground, the FAA has published Special 

Federal Aviation Regulation 88 (SFAR88) in 

June 2001. In their Letters referenced 04/00/ 

02/07/01–L296 dated March 4th, 2002 and 

04/00/02/07/03–L024, dated February 3rd, 

2003, the Joint Aviation Authorities (JAA) 

recommended the application of a similar 

regulation to the National Aviation 

Authorities (NAA). 

Under current European Union regulation, 

all holders of type certificates for passenger 

transport aircraft with either a passenger 

capacity of 30 or more, or a payload capacity 

of 7,500 pounds (3,402 kg) or more, which 

have received their certification after January 

1st, 1958, are required to conduct a design 

review against explosion risks. 

This Airworthiness Directive (AD), which 

is the result of one of these design reviews, 

requires a wiring modification of the FQIS 

(Fuel Quantity Indication System) Signal 

conditioner 28VDC (volts direct current) 

supply and replacement of the Fuel Pump 

harness inside the wing tanks (both LH and 

RH (left- and right-hand)). 

The unsafe condition is 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. The 

corrective actions include functional and 

operational tests. 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) Within 72 months after the effective 

date of this AD, replace the fuel pump 

harness inside each (both left- and righthand) inboard wing fuel tank in accordance 

with the Accomplishment Instructions of 

Saab Service Bulletin 2000–028–013, dated 

October 11, 2007 (Modification 6250), 

including a follow-up functional test and 

operational test. 

(2) Within 72 months after the effective 

date of this AD, modify the wiring of the 28 

VDC (volts direct current) supply to the 

signal conditioner and the 132VP (feed 

through connector) in accordance with the 

Accomplishment Instructions of Saab Service 

Bulletin 2000–28–014, Revision 02, dated 

January 23, 2008 (Modification 6251), 

including follow-up operational test. 

(3) Actions done before the effective date 

of this AD in accordance with Saab Service 

Bulletin 2000–28–014, Revision 01, dated 

November 6, 2007, are acceptable for 

compliance with the requirements of 

paragraph (f)(2) of this AD. 

FAA AD Differences 

Note: 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: Shahram 

Daneshmandi, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue, SW., Renton, Washington 98057–

3356; telephone (425) 227–1112; fax (425) 

227–1149. 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. 

(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 European Aviation 

Safety Agency Airworthiness Directive 2008–

0031, dated February 15, 2008; Saab Service 

Bulletin 2000–028–013, dated October 11, 

2007; and Saab Service Bulletin 2000–28–

014, Revision 02, dated January 23, 2008 for 

related information. 

Issued in Renton, Washington, on July 29, 

2008. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–18202 Filed 8–6–08; 8:45 am] 

BILLING CODE 4910–13–P 


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