AD 2018-02-09

[Federal Register Volume 83, Number 14 (Monday, January 22, 2018)]
[Rules and Regulations]
[Pages 2899-2902]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2018-00950]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0022; Product Identifier 2015-NM-044-AD; Amendment 
39-19162; AD 2018-02-09]
RIN 2120-AA64


Airworthiness Directives; Fokker Services B.V. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2008-06-20 R1, 
which applied to all Fokker Services B.V. Model F28 Mark 0070 and 0100 
airplanes, and certain Model F28 Mark 1000, 2000, 3000, and 4000 
airplanes. AD 2008-06-20 R1 required revising the Airworthiness 
Limitations Section (ALS) of the Instructions for Continued 
Airworthiness for certain airplanes, and the maintenance or inspection 
program, as applicable, for certain other airplanes, to incorporate new 
limitations for fuel tank systems. AD 2008-06-20 R1 also clarified the 
intended effect on spare and on-airplane fuel tank system components, 
regarding the use of maintenance manuals and instructions for continued 
airworthiness. This new AD was prompted by revised fuel airworthiness 
limitation items (ALI) tasks, and critical design configuration control 
limitations (CDCCL) items, and associated

[[Page 2900]]

thresholds, intervals, and instructions. This AD requires contacting 
the FAA to obtain instructions for addressing the unsafe condition on 
these products, and doing the actions specified in those instructions. 
We are issuing this AD to address the unsafe condition on these 
products.

DATES: This AD becomes effective February 6, 2018.
    We must receive comments on this AD by March 8, 2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> 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, 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2018-
0022; 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 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: Tom Rodriquez, Aerospace Engineer, 
International Section, Transport Standards Branch, FAA, 1601 Lind 
Avenue SW, Renton, WA 98057-3356; telephone: 425-227-1137; fax: 425-
227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued AD 2008-06-20 R1, Amendment 39-16089 (74 FR 61018, 
November 23, 2009) (``AD 2008-06-20 R1''), which applied to all Fokker 
Services B.V. Model F28 Mark 0070 and 0100 airplanes, and certain Model 
F28 Mark 1000, 2000, 3000, and 4000 airplanes. AD 2008-06-20 R1 was 
prompted by revised fuel ALI tasks, and CDCCL items, and associated 
thresholds, intervals and instructions. AD 2008-06-20 R1 required 
revising the ALS of the Instructions for Continued Airworthiness for 
certain airplanes, and the FAA-approved maintenance or inspection 
program, as applicable, for certain other airplanes, to incorporate new 
limitations for fuel tank systems. AD 2008-06-20 R1 also clarified the 
AD's intended effect on spare and on-airplane fuel tank system 
components, regarding the use of maintenance manuals and instructions 
for continued airworthiness. We issued AD 2008-06-20 R1 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.
    Since we issued AD 2008-06-20 R1, we have determined that revised 
Fuel ALI tasks, and CDCCL items, and associated thresholds, intervals 
and instructions need to be implemented.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA AD 
2015-0030, dated February 24, 2015 (referred to after this as the 
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to 
correct an unsafe condition for all Fokker Services B.V. Model F28 Mark 
1000, 2000, 3000, and 4000 airplanes. The MCAI states:

    [Subsequent to accidents involving Fuel Tank System explosions 
in flight and on ground] * * *, the FAA published Special Federal 
Aviation Regulation (SFAR) 88, and the Joint Aviation Authorities 
(JAA) published Interim Policy INT/POL/25/12. The review conducted 
by Fokker Services on the Fokker F28 design in response to these 
regulations identified a number of Fuel Airworthiness Limitation 
items (ALI) and Critical Design Configuration Control Limitations 
(CDCCL) items to prevent the development of unsafe conditions within 
the fuel system.
    To introduce these Fuel ALI and CDCCL items, Fokker Services 
published Service Bulletin (SB) F28/28-050 and EASA issued AD 2006-
0208, requiring the implementation of these Fuel ALI and CDCCL 
items. That [EASA] AD was later revised to make reference to SBF28-
28-050R1 and to specify that the use of later revisions was 
acceptable.
    In 2014, Fokker Services issued Revision 2 of SBF28-28-050 to 
update the ALI and CDCCL items and to consolidate Fuel ALI and CDCCL 
items contained in a number of other SBs. Consequently, EASA issued 
AD 2014-0110, superseding [EASA] AD 2006-0208R1 [which corresponds 
to FAA AD 2008-06-20 R1] and requiring the implementation of the 
updated Fuel ALI and CDCCL items.
    Since that [EASA] AD was issued, Fokker Services issued Revision 
3 of SBF28-28-050, primarily to introduce 5 additional CDCCL items.

    You may examine the MCAI on the internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2018-
0022.

FAA's Determination and Requirements of This 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. We are 
issuing this AD because we evaluated all pertinent information and 
determined the unsafe condition exists and is likely to exist or 
develop on other products of the same type design.

FAA's Determination of the Effective Date

    Since there are currently no domestic operators of this product, we 
find good cause that notice and opportunity for prior public comment 
are unnecessary. In addition, for the reason(s) stated above, we find 
that good cause exists for making this amendment effective in less than 
30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2018-0022; Product 
Identifier 2015-NM-044-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD based on 
those comments.
    We will post all comments we receive, without change, to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

Costs of Compliance

    Currently, there are no affected U.S.-registered airplanes. This AD 
requires contacting the FAA to obtain instructions for addressing the 
unsafe condition, and doing the actions specified in those 
instructions. Based on the actions specified in the MCAI AD,

[[Page 2901]]

we are providing the following cost estimates for an affected airplane 
that is placed on the U.S. Register in the future:

                                                 Estimated Costs
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                                                                                                     Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Revise the maintenance or inspection         1 work-hour x $85 per hour = $85...              $0             $85
 program.
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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.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to transport category airplanes to 
the Director of the System Oversight Division.

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 that 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);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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.

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

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by removing airworthiness directive (AD) 
2008-06-20 R1, Amendment 39-16089 (74 FR 61018, November 23, 2009), and 
adding the following new AD:

2018-02-09 Fokker Services B.V.: Amendment 39-19162; Docket No. FAA-
2018-0022; Product Identifier 2015-NM-044-AD.

(a) Effective Date

    This AD becomes effective February 6, 2018.

(b) Affected ADs

    This AD replaces AD 2008-06-20 R1, Amendment 39-16089 (74 FR 
61018, November 23, 2009) (``AD 2008-06-20 R1'').

(c) Applicability

    This AD applies to Fokker Services B.V. Model F28 Mark 1000, 
2000, 3000, and 4000 airplanes, certificated in any category, all 
manufacturer serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Reason

    This AD was prompted by the issuance of revised fuel 
airworthiness limitation items (ALI) tasks, critical design 
configuration control limitations (CDCCL) items and associated 
thresholds, intervals and instructions. We are 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 
explosions and consequent loss of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Action(s)

    Within 30 days after the effective date of this AD, request 
instructions from the Manager, International Section, Transport 
Standards Branch, FAA, to address the unsafe condition specified in 
paragraph (e) of this AD; and accomplish the action(s) at the times 
specified in, and in accordance with, those instructions. Guidance 
can be found in Mandatory Continuing Airworthiness Information 
(MCAI) European Aviation Safety Agency (EASA) AD 2015-0030, dated 
February 24, 2015.

(h) Alternative Methods of Compliance (AMOCs)

    The Manager, International Section, Transport Standards Branch, 
FAA, has the authority to approve AMOCs for this AD, if requested 
using the procedures found in 14 CFR 39.19. In accordance with 14 
CFR 39.19, send your request to your principal inspector or local 
Flight Standards District Office, as appropriate. If sending 
information directly to the International Section, send it to the 
attention of the person identified in paragraph (i)(2) of this AD. 
Information may be emailed to: <a href="/cdn-cgi/l/email-protection#350c18747b78180404031874787a76186770646070666166755354541b525a43"><span class="__cf_email__" data-cfemail="f9c0d4b8b7b4d4c8c8cfd4b8b4b6bad4abbca8acbcaaadaab99f9898d79e968f">[email&#160;protected]</span></a>. 
Before using any approved AMOC, notify your appropriate principal 
inspector, or lacking a principal inspector, the manager of the 
local flight standards district office/certificate holding district 
office.

(i) Related Information

    (1) Refer to MCAI EASA 2015-0030, dated February 24, 2015, for 
related information. You may examine the MCAI on the internet at 
<a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. 
FAA-2018-0022.
    (2) For more information about this AD, contact Tom Rodriquez, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 1601 Lind Avenue SW, Renton, WA 98057-3356; telephone: 
425-227-1137; fax: 425-227-1149.

(j) Material Incorporated by Reference

    None.


[[Page 2902]]


    Issued in Renton, Washington, on January 9, 2018.
John P. Piccola, Jr.,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-00950 Filed 1-19-18; 8:45 am]
 BILLING CODE 4910-13-P