Airworthiness Directives; Fokker Model F27 Mark 050, 200, 300, 400, 500, 600, and 700 Airplanes, 51719-51722 [E7-17831]
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51719
Proposed Rules
Federal Register
Vol. 72, No. 175
Tuesday, September 11, 2007
[Docket No. FAA–2007–29172; Directorate
Identifier 2006–NM–285–AD]
• 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: Room W12–140 on
the ground floor of the West Building,
1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
RIN 2120–AA64
Examining the AD Docket
Airworthiness Directives; Fokker
Model F27 Mark 050, 200, 300, 400, 500,
600, and 700 Airplanes
You may examine the AD docket on
the Internet at https://dms.dot.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: Tom
Rodriguez, Aerospace Engineer,
International Branch, ANM–116, FAA,
Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington
98057–3356; telephone (425) 227–1137;
fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
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:
yshivers on PROD1PC62 with PROPOSALS
Subsequent to accidents involving Fuel
Tank System explosions in flight * * * and
on ground, * * * Special Federal Aviation
Regulation 88 (SFAR88) * * * required a
safety review of the aircraft Fuel Tank
System * * *. Fuel Airworthiness
Limitations are items arising from a systems
safety analysis that have been shown to have
failure mode(s) associated with an ‘unsafe
condition’ * * *. These are identified in
Failure Conditions for which an
unacceptable probability of ignition risk
could exist if specific tasks and/or practices
are not performed in accordance with the
manufacturers’ requirements.
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 October 11, 2007.
ADDRESSES: You may send comments by
any of the following methods:
• DOT Docket Web Site: Go to
https://dms.dot.gov and follow the
instructions for sending your comments
electronically.
VerDate Aug<31>2005
15:47 Sep 10, 2007
Jkt 211001
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–2007–29172; Directorate Identifier
2006–NM–285–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 based on those comments.
We will post all comments we
receive, without change, to https://
dms.dot.gov, including any personal
information you provide. We will also
post a report summarizing each
substantive verbal contact we receive
about this proposed AD.
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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 2006–0207,
dated July 12, 2006, and EASA
Airworthiness Directive 2006–0209,
dated July 12, 2006 (corrected
September 1, 2006) (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 published Special
Federal Aviation Regulation 88 (SFAR 88) in
June 2001. SFAR 88 required a safety review
of the aircraft Fuel Tank System to determine
that the design meets the requirements of
FAR (Federal Aviation Regulation) § 25.901
and § 25.981(a) and (b).
A similar regulation has been
recommended by the JAA (Joint Aviation
Authorities) to the European National
Aviation Authorities in JAA letter 04/00/02/
07/03–L024 of 3 February 2003. The review
was requested to be mandated by NAA’s
(National Aviation Authorities) using JAR
(Joint Aviation Regulation) § 25.901(c),
§ 25.1309.
In August 2005 EASA published a policy
statement on the process for developing
instructions for maintenance and inspection
of Fuel Tank System ignition source
prevention (EASA D 2005/CPRO, https://
www.easa.eu.int/home/
cert_policy_statements_en.html) that also
included the EASA expectations with regard
to compliance times of the corrective actions
on the unsafe and the not unsafe part of the
harmonised design review results. On a
global scale the TC (type certificate) holders
committed themselves to the EASA
published compliance dates (see EASA
policy statement). The EASA policy
statement has been revised in March 2006:
the date of 31–12–2005 for the unsafe related
actions has now been set at 01–07–2006.
Fuel Airworthiness Limitations are items
arising from a systems safety analysis that
have been shown to have failure mode(s)
associated with an ‘‘unsafe condition’’ as
defined in FAA’s memo 2003–112–15 ‘‘SFAR
88—Mandatory Action Decision Criteria’’.
These are identified in Failure Conditions for
which an unacceptable probability of ignition
risk could exist if specific tasks and/or
practices are not performed in accordance
with the manufacturers’ requirements.
This EASA Airworthiness Directive
mandates the Fuel System Airworthiness
Limitations, comprising maintenance/
inspection tasks and Critical Design
Configuration Control Limitations (CDCCL)
for the type of aircraft, that resulted from the
design reviews and the JAA recommendation
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51720
Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Proposed Rules
yshivers on PROD1PC62 with PROPOSALS
and EASA policy statement mentioned
above.
The corrective action includes revising
the Airworthiness Limitations Section
of the Instructions for Continued
Airworthiness to incorporate new
limitations for fuel tank systems. 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
VerDate Aug<31>2005
15:47 Sep 10, 2007
Jkt 211001
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 co-operate 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
Fokker Services B.V. has issued
Service Bulletin F27/28–070, dated June
30, 2006; and 50/60 Fuel Airworthiness
Limitation Items (ALI) and Critical
Design Configuration Control
Limitations (CDCCL) Report SE–671,
Issue 1, dated January 31, 2006. 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
PO 00000
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Fmt 4702
Sfmt 4702
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 24 products of U.S. registry.
We also estimate that it would take
about 1 work-hour per product to
comply with the basic requirements of
this proposed AD. The average labor
rate is $80 per work-hour. Based on
these figures, we estimate the cost of the
proposed AD on U.S. operators to be
$1,920, or $80 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.
We prepared a regulatory evaluation
of the estimated costs to comply with
this proposed AD and placed it in the
AD docket.
E:\FR\FM\11SEP1.SGM
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Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Proposed Rules
The Proposed Amendment
the operator must request approval for an
alternative method of compliance according
to paragraph (g) of this AD. The request
should include a description of changes to
the required inspections that will ensure the
continued operational safety of the airplane.
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
Subject
(d) Air Transport Association (ATA) of
America Code 28: Fuel.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Safety.
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:
Fokker Services B.V.: Docket No. FAA–
2007–29172; Directorate Identifier 2006–
NM–285–AD.
Comments Due Date
(a) We must receive comments by October
11, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Fokker Model F27
Mark 050 airplanes, all serial numbers; and
Fokker F27 Mark 200, 300, 400, 500, 600, and
700 airplanes, serial numbers 10102 through
10692; certificated in any category.
Note 1: This AD requires revisions to
certain operator maintenance documents to
include new inspections. Compliance with
these inspections is required by 14 CFR
91.403(c). For airplanes that have been
previously modified, altered, or repaired in
the areas addressed by these inspections, the
operator may not be able to accomplish the
inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c),
Reason
(e) The mandatory continuing
airworthiness information (MCAI) states:
Subsequent to accidents involving Fuel
Tank System explosions in flight * * * and
on ground, the FAA published Special
Federal Aviation Regulation 88 (SFAR 88) in
June 2001. SFAR 88 required a safety review
of the aircraft Fuel Tank System to determine
that the design meets the requirements of
FAR (Federal Aviation Regulation) § 25.901
and § 25.981(a) and (b).
A similar regulation has been
recommended by the JAA (Joint Aviation
Authorities) to the European National
Aviation Authorities in JAA letter 04/00/02/
07/03–L024 of 3 February 2003. The review
was requested to be mandated by NAA’s
(National Aviation Authorities) using JAR
(Joint Aviation Regulation) § 25.901(c),
§ 25.1309.
In August 2005 EASA published a policy
statement on the process for developing
instructions for maintenance and inspection
of Fuel Tank System ignition source
prevention (EASA D 2005/CPRO, https://
www.easa.eu.int/home/
cert_policy_statements_en.html) that also
included the EASA expectations with regard
to compliance times of the corrective actions
on the unsafe and the not unsafe part of the
harmonised design review results. On a
global scale the TC (type certificate) holders
committed themselves to the EASA
published compliance dates (see EASA
policy statement). The EASA policy
statement has been revised in March 2006:
The date of 31–12–2005 for the unsafe related
actions has now been set at 01–07–2006.
51721
Fuel Airworthiness Limitations are items
arising from a systems safety analysis that
have been shown to have failure mode(s)
associated with an ‘unsafe condition’ as
defined in FAA’s memo 2003–112–15 ‘SFAR
88—Mandatory Action Decision Criteria’.
These are identified in Failure Conditions for
which an unacceptable probability of ignition
risk could exist if specific tasks and/or
practices are not performed in accordance
with the manufacturers’ requirements.
This EASA Airworthiness Directive
mandates the Fuel System Airworthiness
Limitations, comprising maintenance/
inspection tasks and Critical Design
Configuration Control Limitations (CDCCL)
for the type of aircraft, that resulted from the
design reviews and the JAA recommendation
and EASA policy statement mentioned
above.
The corrective action includes revising the
Airworthiness Limitations Section of the
Instructions for Continued Airworthiness to
incorporate new limitations for fuel tank
systems.
Actions and Compliance
(f) Unless already done, do the following
actions.
(1) Within 3 months after the effective date
of this AD, revise the Airworthiness
Limitations Section (ALS) of the Instructions
for Continued Airworthiness to incorporate
Fokker 50/60 Fuel Airworthiness Limitation
Items (ALI) and Critical Design Configuration
Control Limitations (CDCCL) Report SE–671,
Issue 1, dated January 31, 2006; or Fokker
Service Bulletin F27/28–070, dated June 30,
2006; as applicable. For all tasks identified in
Report SE–671 or Service Bulletin F27/28–
070, the initial compliance times are as
specified in Table 1 or Table 2 of this AD,
as applicable. The repetitive inspections
must be accomplished thereafter at the
intervals specified in Report SE–671 or
Service Bulletin F27/28–070, as applicable,
except as provided by paragraph (f)(3) of this
AD.
TABLE 1.—INITIAL COMPLIANCE TIMES FOR ALS REVISION FOR MODEL F27 MARK 050 AIRPLANES
For—
The later of—
Task 280000–01 ......................................
102 months after the effective of this AD; or 102 months after the date of issuance of the original
Dutch standard airworthiness certificate or the date of issuance of the original Dutch export certificate of airworthiness.
30 months after the effective of this AD; or 30 months after the date of issuance of the original Dutch
standard airworthiness certificate or the date of issuance of the original Dutch export certificate of
airworthiness.
Task 280000–02 ......................................
TABLE 2.—INITIAL COMPLIANCE TIMES FOR ALS REVISION FOR MODEL F27 MARK 200, 300, 400, 500, 600, AND 700
AIRPLANES
yshivers on PROD1PC62 with PROPOSALS
For—
The later of—
Task 280000–01 ......................................
78 months after the effective of this AD; or 78 months after the date of issuance of the original Dutch
standard airworthiness certificate or the date of issuance of the original Dutch export certificate of
airworthiness.
18 months after the effective of this AD; or 18 months after the date of issuance of the original Dutch
standard airworthiness certificate or the date of issuance of the original Dutch export certificate of
airworthiness.
Task 280000–02 ......................................
VerDate Aug<31>2005
15:47 Sep 10, 2007
Jkt 211001
PO 00000
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51722
Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Proposed Rules
(2) Within 3 months after the effective date
of this AD, revise the ALS of the Instructions
for Continued Airworthiness to incorporate
the CDCCLs as defined in Fokker 50/60 Fuel
Airworthiness Limitations Items (ALI) and
Critical Design Configuration Control
Limitations (CDCCL) Report SE–671, Issue 1,
dated January 31, 2006; or Fokker Service
Bulletin F27/28–070, dated June 30, 2006; as
applicable.
(3) Where Fokker 50/60 Fuel Airworthiness
Limitation Items (ALI) and Critical Design
Configuration Control Limitations (CDCCL)
Report SE–671, Issue 1, dated January 31,
2006; or Fokker Service Bulletin F27/28–070,
dated June 30, 2006; as applicable; allow for
exceptional short-term extensions, an
exception is acceptable to the FAA if it is
approved by the appropriate principal
inspector in the FAA Flight Standards
Certificate Holding District Office.
(4) Except as provided by paragraph (g)(1)
of this AD: After accomplishing the actions
specified in paragraphs (f)(1) and (f)(2) of this
AD, no alternative inspection, inspection
intervals, or CDCCLs may be used.
FAA AD Differences
yshivers on PROD1PC62 with PROPOSALS
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, 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: Tom Rodriguez,
Aerospace Engineer, International Branch,
ANM–116, FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone (425)
227–1137; 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 EASA Airworthiness
Directive 2006–0207, dated July 12, 2006;
EASA Airworthiness Directive 2006–0209,
dated July 12, 2006 (corrected September 1,
2006); Fokker 50/60 Fuel Airworthiness
Limitation Items (ALI) and Critical Design
Configuration Control Limitations (CDCCL)
15:47 Sep 10, 2007
Jkt 211001
Issued in Renton, Washington, on August
31, 2007.
Stephen P. Boyd,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E7–17831 Filed 9–10–07; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2007–29171; Directorate
Identifier 2007–NM–154–AD]
RIN 2120–AA64
Airworthiness Directives; Saab Model
SAAB 2000 Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
Note 2: This AD differs from the MCAI
and/or service information as follows: No
differences.
VerDate Aug<31>2005
Report SE–671, Issue 1, dated January 31,
2006; and Fokker Service Bulletin F27/28–
070, dated June 30, 2006; for related
information.
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
safety review of the aircraft Fuel Tank
System * * *, * * * Fuel Airworthiness
Limitations are items arising from a systems
safety analysis that have been shown to have
failure mode(s) associated with an ‘unsafe
condition’ * * *. These are identified in
Failure Conditions for which an
unacceptable probability of ignition risk
could exist if specific tasks and/or practices
are not performed in accordance with the
manufacturers’ requirements.
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 October 11, 2007.
ADDRESSES: You may send comments by
any of the following methods:
• DOT Docket Web Site: Go to
https://dms.dot.gov and follow the
instructions for sending your comments
electronically.
• Fax: (202) 493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
PO 00000
Frm 00004
Fmt 4702
Sfmt 4702
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
• Hand Delivery: Room W12–140 on
the ground floor of the West Building,
1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://dms.dot.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:
Mike Borfitz, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 227–2677; 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–2007–29171; Directorate Identifier
2007–NM–154–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 based on those comments.
We will post all comments we
receive, without change, to https://
dms.dot.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 2006–0199,
dated July 11, 2006 (referred to after this
as ‘‘the MCAI’’), to correct an unsafe
condition for the specified products.
The MCAI states:
E:\FR\FM\11SEP1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 175 (Tuesday, September 11, 2007)]
[Proposed Rules]
[Pages 51719-51722]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-17831]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 /
Proposed Rules
[[Page 51719]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-29172; Directorate Identifier 2006-NM-285-AD]
RIN 2120-AA64
Airworthiness Directives; Fokker Model F27 Mark 050, 200, 300,
400, 500, 600, and 700 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 safety review of the
aircraft Fuel Tank System * * *. Fuel Airworthiness Limitations are
items arising from a systems safety analysis that have been shown to
have failure mode(s) associated with an `unsafe condition' * * *.
These are identified in Failure Conditions for which an unacceptable
probability of ignition risk could exist if specific tasks and/or
practices are not performed in accordance with the manufacturers'
requirements.
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 October 11,
2007.
ADDRESSES: You may send comments by any of the following methods:
DOT Docket Web Site: Go to https://dms.dot.gov and follow
the instructions for sending your comments electronically.
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: Room W12-140 on the ground floor of the
West Building, 1200 New Jersey Avenue, SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Examining the AD Docket
You may examine the AD docket on the Internet at https://
dms.dot.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: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1137; 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-2007-
29172; Directorate Identifier 2006-NM-285-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 based on those comments.
We will post all comments we receive, without change, to https://
dms.dot.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 2006-0207, dated July 12, 2006, and EASA
Airworthiness Directive 2006-0209, dated July 12, 2006 (corrected
September 1, 2006) (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 published Special Federal
Aviation Regulation 88 (SFAR 88) in June 2001. SFAR 88 required a
safety review of the aircraft Fuel Tank System to determine that the
design meets the requirements of FAR (Federal Aviation Regulation)
Sec. 25.901 and Sec. 25.981(a) and (b).
A similar regulation has been recommended by the JAA (Joint
Aviation Authorities) to the European National Aviation Authorities
in JAA letter 04/00/02/07/03-L024 of 3 February 2003. The review was
requested to be mandated by NAA's (National Aviation Authorities)
using JAR (Joint Aviation Regulation) Sec. 25.901(c), Sec.
25.1309.
In August 2005 EASA published a policy statement on the process
for developing instructions for maintenance and inspection of Fuel
Tank System ignition source prevention (EASA D 2005/CPRO, https://
www.easa.eu.int/home/cert--policy--statements--en.html) that also
included the EASA expectations with regard to compliance times of
the corrective actions on the unsafe and the not unsafe part of the
harmonised design review results. On a global scale the TC (type
certificate) holders committed themselves to the EASA published
compliance dates (see EASA policy statement). The EASA policy
statement has been revised in March 2006: the date of 31-12-2005 for
the unsafe related actions has now been set at 01-07-2006.
Fuel Airworthiness Limitations are items arising from a systems
safety analysis that have been shown to have failure mode(s)
associated with an ``unsafe condition'' as defined in FAA's memo
2003-112-15 ``SFAR 88--Mandatory Action Decision Criteria''. These
are identified in Failure Conditions for which an unacceptable
probability of ignition risk could exist if specific tasks and/or
practices are not performed in accordance with the manufacturers'
requirements.
This EASA Airworthiness Directive mandates the Fuel System
Airworthiness Limitations, comprising maintenance/inspection tasks
and Critical Design Configuration Control Limitations (CDCCL) for
the type of aircraft, that resulted from the design reviews and the
JAA recommendation
[[Page 51720]]
and EASA policy statement mentioned above.
The corrective action includes revising the Airworthiness Limitations
Section of the Instructions for Continued Airworthiness to incorporate
new limitations for fuel tank systems. 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 co-operate 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
Fokker Services B.V. has issued Service Bulletin F27/28-070, dated
June 30, 2006; and 50/60 Fuel Airworthiness Limitation Items (ALI) and
Critical Design Configuration Control Limitations (CDCCL) Report SE-
671, Issue 1, dated January 31, 2006. 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 24 products of U.S. registry. We also estimate that
it would take about 1 work-hour per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $1,920, or $80 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.
We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.
[[Page 51721]]
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.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by adding the following new AD:
Fokker Services B.V.: Docket No. FAA-2007-29172; Directorate
Identifier 2006-NM-285-AD.
Comments Due Date
(a) We must receive comments by October 11, 2007.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Fokker Model F27 Mark 050 airplanes, all
serial numbers; and Fokker F27 Mark 200, 300, 400, 500, 600, and 700
airplanes, serial numbers 10102 through 10692; certificated in any
category.
Note 1: This AD requires revisions to certain operator
maintenance documents to include new inspections. Compliance with
these inspections is required by 14 CFR 91.403(c). For airplanes
that have been previously modified, altered, or repaired in the
areas addressed by these inspections, the operator may not be able
to accomplish the inspections 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 (g) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued operational safety of the airplane.
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 published Special Federal
Aviation Regulation 88 (SFAR 88) in June 2001. SFAR 88 required a
safety review of the aircraft Fuel Tank System to determine that the
design meets the requirements of FAR (Federal Aviation Regulation)
Sec. 25.901 and Sec. 25.981(a) and (b).
A similar regulation has been recommended by the JAA (Joint
Aviation Authorities) to the European National Aviation Authorities
in JAA letter 04/00/02/07/03-L024 of 3 February 2003. The review was
requested to be mandated by NAA's (National Aviation Authorities)
using JAR (Joint Aviation Regulation) Sec. 25.901(c), Sec.
25.1309.
In August 2005 EASA published a policy statement on the process
for developing instructions for maintenance and inspection of Fuel
Tank System ignition source prevention (EASA D 2005/CPRO, https://
www.easa.eu.int/home/cert--policy--statements--en.html) that also
included the EASA expectations with regard to compliance times of
the corrective actions on the unsafe and the not unsafe part of the
harmonised design review results. On a global scale the TC (type
certificate) holders committed themselves to the EASA published
compliance dates (see EASA policy statement). The EASA policy
statement has been revised in March 2006: The date of 31-12-2005 for
the unsafe related actions has now been set at 01-07-2006.
Fuel Airworthiness Limitations are items arising from a systems
safety analysis that have been shown to have failure mode(s)
associated with an `unsafe condition' as defined in FAA's memo 2003-
112-15 `SFAR 88--Mandatory Action Decision Criteria'. These are
identified in Failure Conditions for which an unacceptable
probability of ignition risk could exist if specific tasks and/or
practices are not performed in accordance with the manufacturers'
requirements.
This EASA Airworthiness Directive mandates the Fuel System
Airworthiness Limitations, comprising maintenance/inspection tasks
and Critical Design Configuration Control Limitations (CDCCL) for
the type of aircraft, that resulted from the design reviews and the
JAA recommendation and EASA policy statement mentioned above.
The corrective action includes revising the Airworthiness
Limitations Section of the Instructions for Continued Airworthiness
to incorporate new limitations for fuel tank systems.
Actions and Compliance
(f) Unless already done, do the following actions.
(1) Within 3 months after the effective date of this AD, revise
the Airworthiness Limitations Section (ALS) of the Instructions for
Continued Airworthiness to incorporate Fokker 50/60 Fuel
Airworthiness Limitation Items (ALI) and Critical Design
Configuration Control Limitations (CDCCL) Report SE-671, Issue 1,
dated January 31, 2006; or Fokker Service Bulletin F27/28-070, dated
June 30, 2006; as applicable. For all tasks identified in Report SE-
671 or Service Bulletin F27/28-070, the initial compliance times are
as specified in Table 1 or Table 2 of this AD, as applicable. The
repetitive inspections must be accomplished thereafter at the
intervals specified in Report SE-671 or Service Bulletin F27/28-070,
as applicable, except as provided by paragraph (f)(3) of this AD.
Table 1.--Initial Compliance Times for ALS Revision for Model F27 Mark
050 Airplanes
------------------------------------------------------------------------
For-- The later of--
------------------------------------------------------------------------
Task 280000-01....................... 102 months after the effective of
this AD; or 102 months after the
date of issuance of the original
Dutch standard airworthiness
certificate or the date of
issuance of the original Dutch
export certificate of
airworthiness.
Task 280000-02....................... 30 months after the effective of
this AD; or 30 months after the
date of issuance of the original
Dutch standard airworthiness
certificate or the date of
issuance of the original Dutch
export certificate of
airworthiness.
------------------------------------------------------------------------
Table 2.--Initial Compliance Times for ALS Revision for Model F27 Mark
200, 300, 400, 500, 600, and 700 Airplanes
------------------------------------------------------------------------
For-- The later of--
------------------------------------------------------------------------
Task 280000-01....................... 78 months after the effective of
this AD; or 78 months after the
date of issuance of the original
Dutch standard airworthiness
certificate or the date of
issuance of the original Dutch
export certificate of
airworthiness.
Task 280000-02....................... 18 months after the effective of
this AD; or 18 months after the
date of issuance of the original
Dutch standard airworthiness
certificate or the date of
issuance of the original Dutch
export certificate of
airworthiness.
------------------------------------------------------------------------
[[Page 51722]]
(2) Within 3 months after the effective date of this AD, revise
the ALS of the Instructions for Continued Airworthiness to
incorporate the CDCCLs as defined in Fokker 50/60 Fuel Airworthiness
Limitations Items (ALI) and Critical Design Configuration Control
Limitations (CDCCL) Report SE-671, Issue 1, dated January 31, 2006;
or Fokker Service Bulletin F27/28-070, dated June 30, 2006; as
applicable.
(3) Where Fokker 50/60 Fuel Airworthiness Limitation Items (ALI)
and Critical Design Configuration Control Limitations (CDCCL) Report
SE-671, Issue 1, dated January 31, 2006; or Fokker Service Bulletin
F27/28-070, dated June 30, 2006; as applicable; allow for
exceptional short-term extensions, an exception is acceptable to the
FAA if it is approved by the appropriate principal inspector in the
FAA Flight Standards Certificate Holding District Office.
(4) Except as provided by paragraph (g)(1) of this AD: After
accomplishing the actions specified in paragraphs (f)(1) and (f)(2)
of this AD, no alternative inspection, inspection intervals, or
CDCCLs may be used.
FAA AD Differences
Note 2: 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, 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: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 227-1137; 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 EASA Airworthiness Directive 2006-0207, dated
July 12, 2006; EASA Airworthiness Directive 2006-0209, dated July
12, 2006 (corrected September 1, 2006); Fokker 50/60 Fuel
Airworthiness Limitation Items (ALI) and Critical Design
Configuration Control Limitations (CDCCL) Report SE-671, Issue 1,
dated January 31, 2006; and Fokker Service Bulletin F27/28-070,
dated June 30, 2006; for related information.
Issued in Renton, Washington, on August 31, 2007.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-17831 Filed 9-10-07; 8:45 am]
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