Airworthiness Directives; Fokker Model F.28 Mark 0070, 0100, 1000, 2000, 3000, and 4000 Airplanes, 14661-14665 [E8-5142]
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Federal Register / Vol. 73, No. 54 / Wednesday, March 19, 2008 / Rules and Regulations
has approved the information collection
requirements and has assigned OMB Control
Number 2120–0056.
Related Information
(h) Refer to MCAI EASA Airworthiness
Directive 2007–0239, dated September 3,
2007; and Airbus Service Bulletins A330–28–
3103 and A340–28–4120, both Revision 01,
both dated January 11, 2008; and A340–28–
5044, dated July 17, 2007; for related
information.
Material Incorporated by Reference
(i) You must use the applicable Airbus
service bulletin specified in Table 1 of this
AD to do the actions required by this AD,
unless the AD specifies otherwise.
(1) The Director of the Federal Register
approved the incorporation by reference of
this service information under 5 U.S.C.
552(a) and 1 CFR part 51.
(2) For service information identified in
this AD, contact Airbus, 1 Rond Point
Maurice Bellonte, 31707 Blagnac Cedex,
France.
(3) You may review copies at the FAA,
Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington; or at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
(202) 741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
TABLE 1.—MATERIAL INCORPORATED BY REFERENCE
Service Bulletin
Revision
A330–28–3103 .................................................................................................................................
A340–28–4120 .................................................................................................................................
A340–28–5044 .................................................................................................................................
01 ..............................
01 ..............................
Original ......................
Issued in Renton, Washington, on March 9,
2008.
Stephen P. Boyd,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–5275 Filed 3–18–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2007–29030; Directorate
Identifier 2006–NM–284–AD; Amendment
39–15432; AD 2008–06–20]
RIN 2120–AA64
Airworthiness Directives; Fokker
Model F.28 Mark 0070, 0100, 1000,
2000, 3000, and 4000 Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
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SUMMARY: We are adopting a new
airworthiness directive (AD) for the
products listed above. This AD results
from mandatory continuing
airworthiness information (MCAI)
originated by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as:
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’ * * *.
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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.
We are issuing this AD to require
actions to correct the unsafe condition
on these products.
DATES: This AD becomes effective April
23, 2008.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of April 23, 2008.
ADDRESSES: You may examine the AD
docket on the Internet at https://
www.regulations.gov or in person at the
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC.
FOR FURTHER INFORMATION CONTACT: 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:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to the specified products. That
NPRM was published in the Federal
Register on August 21, 2007 (72 FR
46572). That NPRM proposed 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
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Date
January 11, 2008.
January 11, 2008.
July 17, 2007.
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
and EASA policy statement mentioned
above.
The corrective action includes revising
the Airworthiness Limitations Section
of the Instructions for Continued
Airworthiness for certain airplanes, and
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the FAA-approved maintenance
program for certain other airplanes, to
incorporate new limitations for fuel tank
systems. You may obtain further
information by examining the MCAI in
the AD docket.
Actions Since the NPRM Was Issued
Since we issued the NPRM, we have
received Fokker Service Bulletin
SBF28–28–050, Revision 1, dated
January 8, 2008. (We referred to Fokker
Service Bulletin F28/28–050, dated June
30, 2006, in the NPRM as an appropriate
source of service information for
accomplishing the required actions.)
Revision 1 of the service bulletin
includes editorial changes, changes to
certain CDCCL control references, and
changes to the compliance paragraph.
We have changed paragraphs (f) and (h)
of the AD to refer to Revision 1 of the
service bulletin. We have also added a
new paragraph (f)(5) to the AD to
specify, in part, that actions done before
the effective date of this AD in
accordance with Fokker Service Bulletin
F28/28–050, dated June 30, 2006, are
acceptable for compliance with the
corresponding requirements of this AD.
Operators should note that we have
excluded the CDCCL component titled
‘‘Level Control Pilot Valve Solenoid,
jiffy junction,’’ from the requirements of
paragraph (f)(2)(i) of this AD. Fokker 70/
100 Fuel Airworthiness Limitation
Items (ALI) and Critical Design
Configuration Control Limitations
(CDCCL) Report SE–672, Issue 2,
specifies that the appropriate reference
for this CDCCL control has not yet been
published. Therefore, we cannot include
it in the requirements of this AD. We
may consider additional rulemaking to
address this item when the reference is
available.
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Comments
We gave the public the opportunity to
participate in developing this AD. We
considered the comments received.
Request To Refer to Later Revision of
Report
SAM Airlines requests that we revise
paragraph (f) of the AD to refer to
Fokker 70/100 Fuel Airworthiness
Limitation Items (ALI) and Critical
Design Configuration Control
Limitations (CDCCL) Report SE–672,
Issue 2, dated December 1, 2006. SAM
Airlines points out that EASA AD 2006–
0208, dated July 12, 2006 (a parallel
EASA Airworthiness Directive for this
AD), includes provisions to use Issue 1
of the report ‘‘or later approved
revisions.’’ However, the NPRM does
not allow for use of later approved
revisions of this report as an acceptable
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means of compliance. SAM Airlines
would like to know if the use of later
revisions of the report would require
approval through the provisions of
paragraph (g)(1) of the NPRM.
We agree with the commenter’s
request. In the NPRM, we referred to
Issue 1, dated January 31, 2006, of the
report as the appropriate source of
service information for accomplishing
the required actions. Issue 2 of the
report includes the CDCCL control
references, as published in the June 1,
2006, revision of the airplane
maintenance manual. Issue 2 also
changes task descriptions for the fuel
ALIs in accordance with the
Maintenance Review Board document.
We have revised paragraphs (f) and
(h) of this AD to refer to Issue 2 of the
report. We have also specified in the
new paragraph (f)(5) of the AD that
actions done before the effective date of
this AD in accordance with Issue 1 of
Report SE–672 are acceptable for
compliance with the corresponding
requirements of this AD. We also
revised paragraph (f)(4) of this AD to
allow the use of later revisions of the
report, if those revisions are approved
by the Manager, International Branch,
ANM–116, FAA, or the European
Aviation Safety Agency (EASA), or its
delegated agent.
Request To Remove Reference to
Service Information in Certain
Paragraphs
SAM Airlines also requests that we
remove the reference to Fokker Service
Bulletin F28/28–050, dated June 30,
2006, from paragraphs (f)(1)(i) and
(f)(2)(i) of the NPRM. SAM Airlines
points out that those paragraphs apply
only to Fokker Model F.28 Mark 0070
and 0100 airplanes, which are not
included in Fokker Service Bulletin
F28/28–050.
We agree with SAM Airlines for the
reason stated. We infer that SAM
Airlines also requests we remove the
reference to Fokker 70/100 Fuel
Airworthiness Limitation Items (ALI)
and Critical Design Configuration
Control Limitations (CDCCL) Report SE–
672, Issue 1, dated January 31, 2006,
from paragraphs (f)(1)(ii) and (f)(2)(ii) of
the NPRM because those paragraphs
apply only to Fokker Model F.28 Mark
1000, 2000, 3000, and 4000 airplanes,
which are not included in Report SE–
672. We have revised paragraphs
(f)(1)(i), (f)(1)(ii), (f)(2)(i), and (f)(2)(ii) of
the AD to refer only to the applicable
documents.
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Request To Clarify Changes to
Maintenance Program
SAM Airlines also requests that we
clarify paragraphs (f)(1)(i) and (f)(2)(i) of
the NPRM regarding what changes are
being made to the maintenance
program. SAM states that the meaning
of the word ‘‘limits’’ in paragraph
(f)(1)(i) of the NPRM is unclear. In SAM
Airlines’ interpretation, the intended
action in paragraph (f)(1)(i) is to
incorporate into the aircraft
maintenance program the intervals of
the fuel ALI tasks. If so, SAM Airlines
requests that we revise the wording to
say: ‘‘* * * Instructions for Continued
Airworthiness and incorporate the Fuel
ALI tasks and intervals specified in
Fokker * * *.’’
SAM Airlines also explains that
accomplishing the CDCCL is
unscheduled and requires
distinguishing which inspection is
needed in addition to the normal
maintenance task. Therefore, it is not
practical to incorporate the CDCCL into
the aircraft maintenance program, as
specified in paragraph (f)(2)(i) of the
NPRM. SAM Airlines suggests the
following wording to clarify paragraph
(f)(2)(i) of the NPRM: ‘‘* * *
Instructions for Continued
Airworthiness and adhere to the CDCCL
requirements as defined in Fokker
* * *.’’
We agree that clarification is
necessary. This AD requires affected
operators to revise their copies of their
Airworthiness Limitations document to
incorporate the fuel system limitation
inspections. This consists of the
inspections, thresholds, and intervals.
We have added these terms to
paragraphs (f)(1)(i) and (f)(1)(ii) of this
AD. The AD also requires revising the
Airworthiness Limitations Section
(ALS) to incorporate the CDCCLs as
defined in the applicable service
information.
Further, for airplanes that do not have
an ALI, this AD requires that operators
revise the maintenance program to
include the ALI inspections, thresholds,
and intervals. It also requires
incorporation of the CDCCLs as defined
in the applicable service information to
ensure that the specified design
configurations are maintained whenever
any work is performed.
Subsequently, section 91.403(c) of the
Federal Aviation Regulations (14 CFR
91.403(c)) requires an affected operator
to comply with the revised
Airworthiness Limitations document.
Ensuring that one’s maintenance
program and the actions of its
maintenance personnel are in
accordance with the Airworthiness
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Limitations is required, but not by the
AD. According to 14 CFR 91.403(c), no
person may operate an aircraft for which
airworthiness limitations have been
issued unless those limitations have
been complied with. Therefore, there is
no need to further expand the
requirements of the AD beyond that
which was proposed because 14 CFR
91.403(c) already imposes the
appropriate required action after the
airworthiness limitations are revised.
Explanation of Additional Changes
Made to This AD
For standardization purposes, we
have revised this AD in the following
ways:
• In most ADs, we adopt a
compliance time allowing a specified
amount of time after the AD’s effective
date. In this case, however, the FAA has
already issued regulations that require
operators to revise their maintenance/
inspection programs to address fuel tank
safety issues. The compliance date for
these regulations is December 16, 2008.
To provide for coordinated
implementation of these regulations and
this AD, we are including this same
compliance date in paragraphs (f)(1) and
(f)(2) of this AD.
• We have simplified the language in
Note 1 of this AD to clarify that an
operator must request approval for an
alternative method of compliance
(AMOC) if an operator cannot
accomplish the required inspections
because an airplane has been previously
modified, altered, or repaired in the
areas addressed by the required
inspections.
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Conclusion
We reviewed the available data,
including the comments received, and
determined that air safety and the
public interest require adopting the AD
with the changes described previously.
We determined that these changes will
not increase the economic burden on
any operator or increase the scope of the
AD.
Differences Between This AD and the
MCAI or Service Information
We have reviewed the MCAI and
related service information and, in
general, agree with their substance. But
we might have found it necessary to use
different words from those in the MCAI
to ensure the AD is clear for U.S.
operators and is enforceable. In making
these changes, we do not intend to differ
substantively from the information
provided in the MCAI and related
service information.
We might also have required different
actions in this AD from those in the
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MCAI in order to follow our FAA
policies. Any such differences are
highlighted in a NOTE within the AD.
Costs of Compliance
We estimate that this AD will affect
18 products of U.S. registry. We also
estimate that it will take about 1 workhour per product to comply with the
basic requirements of this AD. The
average labor rate is $80 per work-hour.
Based on these figures, we estimate the
cost of this AD to the U.S. operators to
be $1,440, 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
14663
www.regulations.gov; or in person at the
Docket Operations office between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains the NPRM, the regulatory
evaluation, any comments received, and
other information. The street address for
the Docket Operations office (telephone
(800) 647–5527) is in the ADDRESSES
section. Comments will be available in
the AD docket shortly after receipt.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
I
2008–06–20 Fokker Services B.V.:
Amendment 39–15432. Docket No.
FAA–2007–29030; Directorate Identifier
2006–NM–284–AD.
Effective Date
(a) This airworthiness directive (AD)
becomes effective April 23, 2008.
We determined that this AD will not
have federalism implications under
Executive Order 13132. This AD will
not have a substantial direct effect on
the States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this AD:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); and
3. Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
We prepared a regulatory evaluation
of the estimated costs to comply with
this AD and placed it in the AD docket.
Affected ADs
(b) None.
Examining the AD Docket
Subject
(d) Transport Association (ATA) of
America Code 28: Fuel.
You may examine the AD docket on
the Internet at https://
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Applicability
(c) This AD applies to Fokker Model F.28
Mark 0070 and 0100 airplanes, all serial
numbers, certificated in any category; and
Model F.28 Mark 1000, 2000, 3000, and 4000
airplanes, serial numbers 11003 through
11241, 11991 and 11992, 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)(1) 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.
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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.
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 for
certain airplanes, and the FAA-approved
maintenance program for certain other
airplanes, 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 or before December 16, 2008,
whichever occurs first, do the action in
paragraph (f)(1)(i) or (f)(1)(ii) of this AD, as
applicable. For all identified tasks, the initial
compliance time starts from the effective date
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of this AD. The repetitive inspections must
be accomplished thereafter at the intervals
not to exceed those specified in Fokker 70/
100 Fuel Airworthiness Limitation Items
(ALI) and Critical Design Configuration
Control Limitations (CDCCL) Report SE–672,
Issue 2, dated December 1, 2006; or Fokker
Service Bulletin SBF28–28–050, Revision 1,
dated January 8, 2008; as applicable; except
as provided by paragraphs (f)(3), (f)(4), and
(g)(1) of this AD.
(i) For Model F.28 Mark 0070 and 0100
airplanes: Revise the Airworthiness
Limitations Section (ALS) of the Instructions
for Continued Airworthiness to incorporate
the inspections, thresholds, and intervals
specified in Fokker 70/100 Fuel
Airworthiness Limitation Items (ALI) and
Critical Design Configuration Control
Limitations (CDCCL) Report SE–672, Issue 2,
dated December 1, 2006.
(ii) For Model F.28 Mark 1000, 2000, 3000,
and 4000 airplanes: Incorporate into the
FAA-approved maintenance inspection
program the inspections, thresholds, and
intervals specified in Fokker Service Bulletin
SBF28–28–050, Revision 1, dated January 8,
2008.
(2) Within 3 months after the effective date
of this AD or before December 16, 2008,
whichever occurs first, do the action in
paragraph (f)(2)(i) or (f)(2)(ii) of this AD, as
applicable.
(i) For Model F.28 Mark 0070 and 0100
airplanes: Revise the Airworthiness
Limitations Section (ALS) of the Instructions
for Continued Airworthiness to incorporate
the CDCCLs as defined in Fokker 70/100 Fuel
Airworthiness Limitation Items (ALI) and
Critical Design Configuration Control
Limitations (CDCCL) Report SE–672, Issue 2,
dated December 1, 2006, except for the
CDCCL component titled ‘‘Level Control Pilot
Valve Solenoid, jiffy junction.’’
(ii) For Model F.28 Mark 1000, 2000, 3000,
and 4000 airplanes: Incorporate into the
FAA-approved maintenance inspection
program the CDCCLs as defined in Fokker
Service Bulletin SBF28–28–050, Revision 1,
dated January 8, 2008.
(3) Where Fokker 70/100 Fuel
Airworthiness Limitation Items (ALI) and
Critical Design Configuration Control
Limitations (CDCCL) Report SE–672, Issue 2,
dated December 1, 2006; and Fokker Service
Bulletin SBF28–28–050, Revision 1, dated
January 8, 2008; allow for exceptional shortterm 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) After accomplishing the actions
specified in paragraphs (f)(1) and (f)(2) of this
AD, no alternative inspection, inspection
interval, or CDCCL may be used, unless the
inspection, interval, or CDCCL is part of a
later revision of Fokker 70/100 Fuel
Airworthiness Limitation Items (ALI) and
Critical Design Configuration Control
Limitations (CDCCL) Report SE–672, Issue 2,
dated December 1, 2006; or Fokker Service
Bulletin SBF28–28–050, Revision 1, dated
January 8, 2008; as applicable; that is
approved by the Manager, ANM–116,
International Branch, Transport Airplane
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Directorate, FAA, or the European Aviation
Safety Agency (EASA), or its delegated agent,
or unless the inspection, interval, or CDCCL
is approved as an alternative method of
compliance (AMOC) in accordance with the
procedures specified in paragraph (g)(1) of
this AD.
(5) Actions done before the effective date
of this AD in accordance with Fokker 70/100
Fuel Airworthiness Limitation Items (ALI)
and Critical Design Configuration Control
Limitations (CDCCL) Report SE–672, Issue 1,
dated January 31, 2006; or Fokker Service
Bulletin F28/28–050, dated June 30, 2006; are
acceptable for compliance with the
corresponding requirements of this AD.
Note 2: For Model F.28 Mark 1000, 2000,
3000, and 4000 airplanes, after an operator
complies with the requirements of
paragraphs (f)(1)(ii) and (f)(2)(ii) of this AD,
those paragraphs do not require that
operators subsequently record
accomplishment of those requirements each
time an applicable action is accomplished
according to that operator’s FAA-approved
maintenance inspection program.
FAA AD Differences
Note 3: 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 European Aviation
Safety Agency (EASA) Airworthiness
Directive 2006–0206, dated June 11, 2006;
EASA Airworthiness Directive 2006–0208,
dated July 12, 2006; Fokker 70/100 Fuel
Airworthiness Limitation Items (ALI) and
Critical Design Configuration Control
E:\FR\FM\19MRR1.SGM
19MRR1
Federal Register / Vol. 73, No. 54 / Wednesday, March 19, 2008 / Rules and Regulations
Limitations (CDCCL) Report SE–672, Issue 2,
dated December 1, 2006; and Fokker Service
Bulletin SBF28–28–050, Revision 1, dated
January 8, 2008; for related information.
Material Incorporated by Reference
(i) You must use Fokker 70/100 Fuel
Airworthiness Limitation Items (ALI) and
Critical Design Configuration Control
Limitations (CDCCL) Report SE–672, Issue 2,
dated December 1, 2006; and Fokker Service
Bulletin SBF28–28–050, Revision 1, dated
January 8, 2008; as applicable; to do the
actions required by this AD, unless the AD
specifies otherwise.
(1) The Director of the Federal Register
approved the incorporation by reference of
this service information under 5 U.S.C.
552(a) and 1 CFR part 51.
(2) For service information identified in
this AD, contact Fokker Services B.V., P.O.
Box 231, 2150 AE Nieuw-Vennep, the
Netherlands.
(3) You may review copies at the FAA,
Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, Washington; or at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
(202) 741–6030, or go to: https://www.
archives.gov/federal-register/cfr/ibrlocations.html.
wiring loom protective sleeving is not fitted
to aircraft S/N 107 through to 134. AD
applicability revised to include aircraft up to
S/N 134.
To prevent fretting damage to the wiring
loom that may lead to arcing in proximity to
the fuel vent lines and the possibility of fire
* * *.
We are issuing this AD to require
actions to correct the unsafe condition
on these products.
This AD becomes effective April
23, 2008.
On April 23, 2008, the Director of the
Federal Register approved the
incorporation by reference of certain
publications listed in this AD.
DATES:
Issued in Renton, Washington, on March 9,
2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E8–5142 Filed 3–18–08; 8:45 am]
You may examine the AD
docket on the Internet at https://
www.regulations.gov or in person at
Document Management Facility, U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE., Washington,
DC 20590.
FOR FURTHER INFORMATION CONTACT: Karl
Schletzbaum, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust,
Room 301, Kansas City, Missouri 64106;
telephone: (816) 329–4146; fax: (816)
329–4090.
SUPPLEMENTARY INFORMATION:
BILLING CODE 4910–13–P
Discussion
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2008–0034 Directorate
Identifier 2007–CE–097–AD; Amendment
39–15428; AD 2008–06–16]
Airworthiness Directives; Pacific
Aerospace Corporation, Ltd Model
750XL Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for the
products listed above. This AD results
from mandatory continuing
airworthiness information (MCAI)
issued 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:
rfrederick on PROD1PC67 with RULES
SUMMARY:
DCA/750XL/3A is prompted by a report
from the manufacturer of the possibility that
15:13 Mar 18, 2008
Jkt 214001
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to the specified products. That
NPRM was published in the Federal
Register on January 18, 2008 (73 FR
3417). That NPRM proposed to correct
an unsafe condition for the specified
products. The MCAI states:
DCA/750XL/3A is prompted by a report
from the manufacturer of the possibility that
wiring loom protective sleeving is not fitted
to aircraft S/N 107 through to 134. AD
applicability revised to include aircraft up to
S/N 134.
To prevent fretting damage to the wiring
loom that may lead to arcing in proximity to
the fuel vent lines and the possibility of fire
* * *.
RIN 2120–AA64
VerDate Aug<31>2005
ADDRESSES:
Comments
We gave the public the opportunity to
participate in developing this AD. We
received no comments on the NPRM or
on the determination of the cost to the
public.
Conclusion
We reviewed the available data and
determined that air safety and the
public interest require adopting the AD
as proposed.
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
14665
Differences Between this AD and the
MCAI or Service Information
We have reviewed the MCAI and
related service information and, in
general, agree with their substance. But
we might have found it necessary to use
different words from those in the MCAI
to ensure the AD is clear for U.S.
operators and is enforceable. In making
these changes, we do not intend to differ
substantively from the information
provided in the MCAI and related
service information.
We might also have required different
actions in this AD from those in the
MCAI in order to follow FAA policies.
Any such differences are highlighted in
a NOTE within the AD.
Costs of Compliance
We estimate that this AD will affect 7
products of U.S. registry. We also
estimate that it will take about 0.5 workhour per product to comply with basic
requirements of this AD. The average
labor rate is $80 per work-hour.
Required parts will cost about $30 per
product.
Based on these figures, we estimate
the cost of this AD to the U.S. operators
to be $490 or $70 per product.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. ‘‘Subtitle VII:
Aviation Programs,’’ describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in ‘‘Subtitle VII,
Part A, Subpart III, Section 44701:
General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
We determined that this AD will not
have federalism implications under
Executive Order 13132. This AD will
not have a substantial direct effect on
the States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this AD:
E:\FR\FM\19MRR1.SGM
19MRR1
]]>Agencies
[Federal Register Volume 73, Number 54 (Wednesday, March 19, 2008)]
[Rules and Regulations]
[Pages 14661-14665]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-5142]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-29030; Directorate Identifier 2006-NM-284-AD;
Amendment 39-15432; AD 2008-06-20]
RIN 2120-AA64
Airworthiness Directives; Fokker Model F.28 Mark 0070, 0100,
1000, 2000, 3000, and 4000 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:
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.
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective April 23, 2008.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of April 23,
2008.
ADDRESSES: You may examine the AD docket on the Internet at https://
www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.
FOR FURTHER INFORMATION CONTACT: 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:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on August 21, 2007 (72
FR 46572). That NPRM proposed 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 and EASA policy statement mentioned above.
The corrective action includes revising the Airworthiness Limitations
Section of the Instructions for Continued Airworthiness for certain
airplanes, and
[[Page 14662]]
the FAA-approved maintenance program for certain other airplanes, to
incorporate new limitations for fuel tank systems. You may obtain
further information by examining the MCAI in the AD docket.
Actions Since the NPRM Was Issued
Since we issued the NPRM, we have received Fokker Service Bulletin
SBF28-28-050, Revision 1, dated January 8, 2008. (We referred to Fokker
Service Bulletin F28/28-050, dated June 30, 2006, in the NPRM as an
appropriate source of service information for accomplishing the
required actions.) Revision 1 of the service bulletin includes
editorial changes, changes to certain CDCCL control references, and
changes to the compliance paragraph. We have changed paragraphs (f) and
(h) of the AD to refer to Revision 1 of the service bulletin. We have
also added a new paragraph (f)(5) to the AD to specify, in part, that
actions done before the effective date of this AD in accordance with
Fokker Service Bulletin F28/28-050, dated June 30, 2006, are acceptable
for compliance with the corresponding requirements of this AD.
Operators should note that we have excluded the CDCCL component
titled ``Level Control Pilot Valve Solenoid, jiffy junction,'' from the
requirements of paragraph (f)(2)(i) of this AD. Fokker 70/100 Fuel
Airworthiness Limitation Items (ALI) and Critical Design Configuration
Control Limitations (CDCCL) Report SE-672, Issue 2, specifies that the
appropriate reference for this CDCCL control has not yet been
published. Therefore, we cannot include it in the requirements of this
AD. We may consider additional rulemaking to address this item when the
reference is available.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comments received.
Request To Refer to Later Revision of Report
SAM Airlines requests that we revise paragraph (f) of the AD to
refer to Fokker 70/100 Fuel Airworthiness Limitation Items (ALI) and
Critical Design Configuration Control Limitations (CDCCL) Report SE-
672, Issue 2, dated December 1, 2006. SAM Airlines points out that EASA
AD 2006-0208, dated July 12, 2006 (a parallel EASA Airworthiness
Directive for this AD), includes provisions to use Issue 1 of the
report ``or later approved revisions.'' However, the NPRM does not
allow for use of later approved revisions of this report as an
acceptable means of compliance. SAM Airlines would like to know if the
use of later revisions of the report would require approval through the
provisions of paragraph (g)(1) of the NPRM.
We agree with the commenter's request. In the NPRM, we referred to
Issue 1, dated January 31, 2006, of the report as the appropriate
source of service information for accomplishing the required actions.
Issue 2 of the report includes the CDCCL control references, as
published in the June 1, 2006, revision of the airplane maintenance
manual. Issue 2 also changes task descriptions for the fuel ALIs in
accordance with the Maintenance Review Board document.
We have revised paragraphs (f) and (h) of this AD to refer to Issue
2 of the report. We have also specified in the new paragraph (f)(5) of
the AD that actions done before the effective date of this AD in
accordance with Issue 1 of Report SE-672 are acceptable for compliance
with the corresponding requirements of this AD. We also revised
paragraph (f)(4) of this AD to allow the use of later revisions of the
report, if those revisions are approved by the Manager, International
Branch, ANM-116, FAA, or the European Aviation Safety Agency (EASA), or
its delegated agent.
Request To Remove Reference to Service Information in Certain
Paragraphs
SAM Airlines also requests that we remove the reference to Fokker
Service Bulletin F28/28-050, dated June 30, 2006, from paragraphs
(f)(1)(i) and (f)(2)(i) of the NPRM. SAM Airlines points out that those
paragraphs apply only to Fokker Model F.28 Mark 0070 and 0100
airplanes, which are not included in Fokker Service Bulletin F28/28-
050.
We agree with SAM Airlines for the reason stated. We infer that SAM
Airlines also requests we remove the reference to Fokker 70/100 Fuel
Airworthiness Limitation Items (ALI) and Critical Design Configuration
Control Limitations (CDCCL) Report SE-672, Issue 1, dated January 31,
2006, from paragraphs (f)(1)(ii) and (f)(2)(ii) of the NPRM because
those paragraphs apply only to Fokker Model F.28 Mark 1000, 2000, 3000,
and 4000 airplanes, which are not included in Report SE-672. We have
revised paragraphs (f)(1)(i), (f)(1)(ii), (f)(2)(i), and (f)(2)(ii) of
the AD to refer only to the applicable documents.
Request To Clarify Changes to Maintenance Program
SAM Airlines also requests that we clarify paragraphs (f)(1)(i) and
(f)(2)(i) of the NPRM regarding what changes are being made to the
maintenance program. SAM states that the meaning of the word ``limits''
in paragraph (f)(1)(i) of the NPRM is unclear. In SAM Airlines'
interpretation, the intended action in paragraph (f)(1)(i) is to
incorporate into the aircraft maintenance program the intervals of the
fuel ALI tasks. If so, SAM Airlines requests that we revise the wording
to say: ``* * * Instructions for Continued Airworthiness and
incorporate the Fuel ALI tasks and intervals specified in Fokker * *
*.''
SAM Airlines also explains that accomplishing the CDCCL is
unscheduled and requires distinguishing which inspection is needed in
addition to the normal maintenance task. Therefore, it is not practical
to incorporate the CDCCL into the aircraft maintenance program, as
specified in paragraph (f)(2)(i) of the NPRM. SAM Airlines suggests the
following wording to clarify paragraph (f)(2)(i) of the NPRM: ``* * *
Instructions for Continued Airworthiness and adhere to the CDCCL
requirements as defined in Fokker * * *.''
We agree that clarification is necessary. This AD requires affected
operators to revise their copies of their Airworthiness Limitations
document to incorporate the fuel system limitation inspections. This
consists of the inspections, thresholds, and intervals. We have added
these terms to paragraphs (f)(1)(i) and (f)(1)(ii) of this AD. The AD
also requires revising the Airworthiness Limitations Section (ALS) to
incorporate the CDCCLs as defined in the applicable service
information.
Further, for airplanes that do not have an ALI, this AD requires
that operators revise the maintenance program to include the ALI
inspections, thresholds, and intervals. It also requires incorporation
of the CDCCLs as defined in the applicable service information to
ensure that the specified design configurations are maintained whenever
any work is performed.
Subsequently, section 91.403(c) of the Federal Aviation Regulations
(14 CFR 91.403(c)) requires an affected operator to comply with the
revised Airworthiness Limitations document. Ensuring that one's
maintenance program and the actions of its maintenance personnel are in
accordance with the Airworthiness
[[Page 14663]]
Limitations is required, but not by the AD. According to 14 CFR
91.403(c), no person may operate an aircraft for which airworthiness
limitations have been issued unless those limitations have been
complied with. Therefore, there is no need to further expand the
requirements of the AD beyond that which was proposed because 14 CFR
91.403(c) already imposes the appropriate required action after the
airworthiness limitations are revised.
Explanation of Additional Changes Made to This AD
For standardization purposes, we have revised this AD in the
following ways:
In most ADs, we adopt a compliance time allowing a
specified amount of time after the AD's effective date. In this case,
however, the FAA has already issued regulations that require operators
to revise their maintenance/inspection programs to address fuel tank
safety issues. The compliance date for these regulations is December
16, 2008. To provide for coordinated implementation of these
regulations and this AD, we are including this same compliance date in
paragraphs (f)(1) and (f)(2) of this AD.
We have simplified the language in Note 1 of this AD to
clarify that an operator must request approval for an alternative
method of compliance (AMOC) if an operator cannot accomplish the
required inspections because an airplane has been previously modified,
altered, or repaired in the areas addressed by the required
inspections.
Conclusion
We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously. We determined that these
changes will not increase the economic burden on any operator or
increase the scope of the AD.
Differences Between This AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a NOTE within the AD.
Costs of Compliance
We estimate that this AD will affect 18 products of U.S. registry.
We also estimate that it will take about 1 work-hour per product to
comply with the basic requirements of this AD. The average labor rate
is $80 per work-hour. Based on these figures, we estimate the cost of
this AD to the U.S. operators to be $1,440, 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 AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
For the reasons discussed above, I certify this AD:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.
Examining the AD Docket
You may examine the AD docket on the Internet at https://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone (800) 647-5527) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
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 adding the following new AD:
2008-06-20 Fokker Services B.V.: Amendment 39-15432. Docket No. FAA-
2007-29030; Directorate Identifier 2006-NM-284-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective April
23, 2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Fokker Model F.28 Mark 0070 and 0100
airplanes, all serial numbers, certificated in any category; and
Model F.28 Mark 1000, 2000, 3000, and 4000 airplanes, serial numbers
11003 through 11241, 11991 and 11992, 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)(1) 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) Transport Association (ATA) of America Code 28: Fuel.
[[Page 14664]]
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
for certain airplanes, and the FAA-approved maintenance program for
certain other airplanes, 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 or
before December 16, 2008, whichever occurs first, do the action in
paragraph (f)(1)(i) or (f)(1)(ii) of this AD, as applicable. For all
identified tasks, the initial compliance time starts from the
effective date of this AD. The repetitive inspections must be
accomplished thereafter at the intervals not to exceed those
specified in Fokker 70/100 Fuel Airworthiness Limitation Items (ALI)
and Critical Design Configuration Control Limitations (CDCCL) Report
SE-672, Issue 2, dated December 1, 2006; or Fokker Service Bulletin
SBF28-28-050, Revision 1, dated January 8, 2008; as applicable;
except as provided by paragraphs (f)(3), (f)(4), and (g)(1) of this
AD.
(i) For Model F.28 Mark 0070 and 0100 airplanes: Revise the
Airworthiness Limitations Section (ALS) of the Instructions for
Continued Airworthiness to incorporate the inspections, thresholds,
and intervals specified in Fokker 70/100 Fuel Airworthiness
Limitation Items (ALI) and Critical Design Configuration Control
Limitations (CDCCL) Report SE-672, Issue 2, dated December 1, 2006.
(ii) For Model F.28 Mark 1000, 2000, 3000, and 4000 airplanes:
Incorporate into the FAA-approved maintenance inspection program the
inspections, thresholds, and intervals specified in Fokker Service
Bulletin SBF28-28-050, Revision 1, dated January 8, 2008.
(2) Within 3 months after the effective date of this AD or
before December 16, 2008, whichever occurs first, do the action in
paragraph (f)(2)(i) or (f)(2)(ii) of this AD, as applicable.
(i) For Model F.28 Mark 0070 and 0100 airplanes: Revise the
Airworthiness Limitations Section (ALS) of the Instructions for
Continued Airworthiness to incorporate the CDCCLs as defined in
Fokker 70/100 Fuel Airworthiness Limitation Items (ALI) and Critical
Design Configuration Control Limitations (CDCCL) Report SE-672,
Issue 2, dated December 1, 2006, except for the CDCCL component
titled ``Level Control Pilot Valve Solenoid, jiffy junction.''
(ii) For Model F.28 Mark 1000, 2000, 3000, and 4000 airplanes:
Incorporate into the FAA-approved maintenance inspection program the
CDCCLs as defined in Fokker Service Bulletin SBF28-28-050, Revision
1, dated January 8, 2008.
(3) Where Fokker 70/100 Fuel Airworthiness Limitation Items
(ALI) and Critical Design Configuration Control Limitations (CDCCL)
Report SE-672, Issue 2, dated December 1, 2006; and Fokker Service
Bulletin SBF28-28-050, Revision 1, dated January 8, 2008; 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) After accomplishing the actions specified in paragraphs
(f)(1) and (f)(2) of this AD, no alternative inspection, inspection
interval, or CDCCL may be used, unless the inspection, interval, or
CDCCL is part of a later revision of Fokker 70/100 Fuel
Airworthiness Limitation Items (ALI) and Critical Design
Configuration Control Limitations (CDCCL) Report SE-672, Issue 2,
dated December 1, 2006; or Fokker Service Bulletin SBF28-28-050,
Revision 1, dated January 8, 2008; as applicable; that is approved
by the Manager, ANM-116, International Branch, Transport Airplane
Directorate, FAA, or the European Aviation Safety Agency (EASA), or
its delegated agent, or unless the inspection, interval, or CDCCL is
approved as an alternative method of compliance (AMOC) in accordance
with the procedures specified in paragraph (g)(1) of this AD.
(5) Actions done before the effective date of this AD in
accordance with Fokker 70/100 Fuel Airworthiness Limitation Items
(ALI) and Critical Design Configuration Control Limitations (CDCCL)
Report SE-672, Issue 1, dated January 31, 2006; or Fokker Service
Bulletin F28/28-050, dated June 30, 2006; are acceptable for
compliance with the corresponding requirements of this AD.
Note 2: For Model F.28 Mark 1000, 2000, 3000, and 4000
airplanes, after an operator complies with the requirements of
paragraphs (f)(1)(ii) and (f)(2)(ii) of this AD, those paragraphs do
not require that operators subsequently record accomplishment of
those requirements each time an applicable action is accomplished
according to that operator's FAA-approved maintenance inspection
program.
FAA AD Differences
Note 3: 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 European Aviation Safety Agency (EASA)
Airworthiness Directive 2006-0206, dated June 11, 2006; EASA
Airworthiness Directive 2006-0208, dated July 12, 2006; Fokker 70/
100 Fuel Airworthiness Limitation Items (ALI) and Critical Design
Configuration Control
[[Page 14665]]
Limitations (CDCCL) Report SE-672, Issue 2, dated December 1, 2006;
and Fokker Service Bulletin SBF28-28-050, Revision 1, dated January
8, 2008; for related information.
Material Incorporated by Reference
(i) You must use Fokker 70/100 Fuel Airworthiness Limitation
Items (ALI) and Critical Design Configuration Control Limitations
(CDCCL) Report SE-672, Issue 2, dated December 1, 2006; and Fokker
Service Bulletin SBF28-28-050, Revision 1, dated January 8, 2008; as
applicable; to do the actions required by this AD, unless the AD
specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact
Fokker Services B.V., P.O. Box 231, 2150 AE Nieuw-Vennep, the
Netherlands.
(3) You may review copies at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, Washington; or at the
National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call (202) 741-6030,
or go to: https://www.archives.gov/federal-register/cfr/ibr-
locations.html.
Issued in Renton, Washington, on March 9, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft
Certification Service.
[FR Doc. E8-5142 Filed 3-18-08; 8:45 am]
BILLING CODE 4910-13-P
