Airworthiness Directives; Fokker Services B.V. Airplanes, 2899-2902 [2018-00950]
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Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations
2899
(2) Thereafter, repeat the high sensitivity
FPI of the outer diffuser case Tt3 boss within
2,000 flight cycles since the last FPI.
(3) If an indication is found during the
inspections required by paragraphs (g)(1) or
(2) of this AD, re-inspect or remove the outer
diffuser case from service as follows:
(i) For engines installed on-wing, reinspect or remove in accordance with the
Accomplishment Instructions, Part A,
paragraph 1.G., of PW ASB PW4G–112–A72–
347, dated March 31, 2017.
(ii) For assembled engines not installed onwing, re-inspect or remove in accordance
with the Accomplishment Instructions, Part
B, paragraph 1.C., of PW ASB PW4G–112–
A72–347, dated March 31, 2017.
(iii) For disassembled engines, if any
cracks are found, remove the outer diffuser
case from service before further flight.
(4) Within 30 days of the effective date of
this AD, update the mandatory inspections of
the Airworthiness Limitations Section (ALS)
of your Instructions for Continued
Airworthiness to include the piece-part
inspections of the diffuser case as defined in
Figure 1 to paragraph (g) of this AD.
(h) Credit for Previous Actions
You may take credit for the high sensitivity
FPI of the outer diffuser case Tt3 boss that
is required by paragraph (g)(1) of this AD if
you performed a high sensitivity FPI of the
outer diffuser case at piece-part exposure
before the effective date of this AD, using
PW4000 Series (112 Inch) Engine CIR
Manual, P/N 51A750, section 72–41–13,
Inspection/Check-02, dated July 15, 2017.
obtained from PW, using the contact
information in paragraph (l)(3) of this AD.
DEPARTMENT OF TRANSPORTATION
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(j) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, ECO Branch, FAA, has
the authority to approve AMOCs for this AD,
if requested using the procedures found in 14
CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector
or local Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the ECO Branch, send it to
the attention of the person identified in
paragraph (k)(1) of this AD. You may email
your request to: ANE-AD-AMOC@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(k) Related Information
(1) For more information about this AD,
contact Jo-Ann Theriault, Aerospace
Engineer, ECO Branch, FAA, 1200 District
Avenue, Burlington, MA 01803; phone: 781–
238–7105; fax: 781–238–7199; email: joann.theriault@faa.gov.
(2) PW4000 Series (112 Inch) Engine CIR
Manual, Part Number 51A750, Revision
Number 74, section 72–41–13, Inspection/
Check-02, dated July 15, 2017, which is not
incorporated by reference in this AD, can be
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(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Pratt & Whitney (PW) Alert Service
Bulletin PW4G–112–A72–347, dated March
31, 2017.
(ii) Reserved.
(3) For PW service information identified
in this AD, contact Pratt & Whitney Division,
400 Main St., East Hartford, CT 06118;
phone: 800–565–0140; fax: 860–565–5442.
(4) You may view this service information
at FAA, Engine and Propeller Standards
Branch, 1200 District Avenue, Burlington,
MA. For information on the availability of
this material at the FAA, call 781–238–7759.
(5) You may view this service information
that is incorporated by reference 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.
Issued in Burlington, Massachusetts, on
January 12, 2018.
Robert J. Ganley,
Manager, Engine and Propeller Standards
Branch, Aircraft Certification Service.
[FR Doc. 2018–00999 Filed 1–19–18; 8:45 am]
BILLING CODE 4910–13–P
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Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2018–0022; Product
Identifier 2015–NM–044–AD; Amendment
39–19162; AD 2018–02–09]
RIN 2120–AA64
Airworthiness Directives; Fokker
Services B.V. Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
We are superseding
Airworthiness Directive (AD) 2008–06–
20 R1, which applied to all Fokker
Services B.V. Model F28 Mark 0070 and
0100 airplanes, and certain Model F28
Mark 1000, 2000, 3000, and 4000
airplanes. AD 2008–06–20 R1 required
revising the Airworthiness Limitations
Section (ALS) of the Instructions for
Continued Airworthiness for certain
airplanes, and the maintenance or
inspection program, as applicable, for
certain other airplanes, to incorporate
new limitations for fuel tank systems.
AD 2008–06–20 R1 also clarified the
intended effect on spare and on-airplane
fuel tank system components, regarding
the use of maintenance manuals and
instructions for continued
airworthiness. This new AD was
prompted by revised fuel airworthiness
limitation items (ALI) tasks, and critical
design configuration control limitations
(CDCCL) items, and associated
SUMMARY:
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ER22JA18.001
(i) Definition
For the purpose of this AD, an engine is
considered disassembled any time the ‘‘M’’
flange is separated.
(l) Material Incorporated by Reference
2900
Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations
thresholds, intervals, and instructions.
This AD requires contacting the FAA to
obtain instructions for addressing the
unsafe condition on these products, and
doing the actions specified in those
instructions. We are issuing this AD to
address the unsafe condition on these
products.
DATES: This AD becomes effective
February 6, 2018.
We must receive comments on this
AD by March 8, 2018.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
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Examining the AD Docket
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2018–
0022; or in person at the Docket
Operations office between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The AD docket
contains this AD, the regulatory
evaluation, any comments received, and
other information. The street address for
the Docket Operations office (telephone:
800–647–5527) is in the ADDRESSES
section. Comments will be available in
the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Tom
Rodriquez, Aerospace Engineer,
International Section, Transport
Standards Branch, FAA, 1601 Lind
Avenue SW, Renton, WA 98057–3356;
telephone: 425–227–1137; fax: 425–
227–1149.
SUPPLEMENTARY INFORMATION:
Discussion
We issued AD 2008–06–20 R1,
Amendment 39–16089 (74 FR 61018,
November 23, 2009) (‘‘AD 2008–06–20
R1’’), which applied to all Fokker
Services B.V. Model F28 Mark 0070 and
0100 airplanes, and certain Model F28
Mark 1000, 2000, 3000, and 4000
airplanes. AD 2008–06–20 R1 was
prompted by revised fuel ALI tasks, and
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CDCCL items, and associated
thresholds, intervals and instructions.
AD 2008–06–20 R1 required revising the
ALS of the Instructions for Continued
Airworthiness for certain airplanes, and
the FAA-approved maintenance or
inspection program, as applicable, for
certain other airplanes, to incorporate
new limitations for fuel tank systems.
AD 2008–06–20 R1 also clarified the
AD’s intended effect on spare and onairplane fuel tank system components,
regarding the use of maintenance
manuals and instructions for continued
airworthiness. We issued AD 2008–06–
20 R1 to reduce the potential of ignition
sources inside fuel tanks, which, in
combination with flammable fuel
vapors, could result in fuel tank
explosions and consequent loss of the
airplane.
Since we issued AD 2008–06–20 R1,
we have determined that revised Fuel
ALI tasks, and CDCCL items, and
associated thresholds, intervals and
instructions need to be implemented.
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Union, has issued EASA AD 2015–0030,
dated February 24, 2015 (referred to
after this as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
for all Fokker Services B.V. Model F28
Mark 1000, 2000, 3000, and 4000
airplanes. The MCAI states:
[Subsequent to accidents involving Fuel
Tank System explosions in flight and on
ground] * * *, the FAA published Special
Federal Aviation Regulation (SFAR) 88, and
the Joint Aviation Authorities (JAA)
published Interim Policy INT/POL/25/12.
The review conducted by Fokker Services on
the Fokker F28 design in response to these
regulations identified a number of Fuel
Airworthiness Limitation items (ALI) and
Critical Design Configuration Control
Limitations (CDCCL) items to prevent the
development of unsafe conditions within the
fuel system.
To introduce these Fuel ALI and CDCCL
items, Fokker Services published Service
Bulletin (SB) F28/28–050 and EASA issued
AD 2006–0208, requiring the implementation
of these Fuel ALI and CDCCL items. That
[EASA] AD was later revised to make
reference to SBF28–28–050R1 and to specify
that the use of later revisions was acceptable.
In 2014, Fokker Services issued Revision 2
of SBF28–28–050 to update the ALI and
CDCCL items and to consolidate Fuel ALI
and CDCCL items contained in a number of
other SBs. Consequently, EASA issued AD
2014–0110, superseding [EASA] AD 2006–
0208R1 [which corresponds to FAA AD
2008–06–20 R1] and requiring the
implementation of the updated Fuel ALI and
CDCCL items.
Since that [EASA] AD was issued, Fokker
Services issued Revision 3 of SBF28–28–050,
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primarily to introduce 5 additional CDCCL
items.
You may examine the MCAI on the
internet at https://www.regulations.gov
by searching for and locating Docket No.
FAA–2018–0022.
FAA’s Determination and Requirements
of This AD
This product has been approved by
the aviation authority of another
country, and is approved for operation
in the United States. Pursuant to our
bilateral agreement with the State of
Design Authority, we have been notified
of the unsafe condition described in the
MCAI. We are issuing this AD because
we evaluated all pertinent information
and determined the unsafe condition
exists and is likely to exist or develop
on other products of the same type
design.
FAA’s Determination of the Effective
Date
Since there are currently no domestic
operators of this product, we find good
cause that notice and opportunity for
prior public comment are unnecessary.
In addition, for the reason(s) stated
above, we find that good cause exists for
making this amendment effective in less
than 30 days.
Comments Invited
This AD is a final rule that involves
requirements affecting flight safety, and
we did not precede it by notice and
opportunity for public comment. We
invite you to send any written relevant
data, views, or arguments about this AD.
Send your comments to an address
listed under the ADDRESSES section.
Include ‘‘Docket No. FAA–2018–0022;
Product Identifier 2015–NM–044–AD’’
at the beginning of your comments. We
specifically invite comments on the
overall regulatory, economic,
environmental, and energy aspects of
this AD. We will consider all comments
received by the closing date and may
amend this AD based on those
comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this AD.
Costs of Compliance
Currently, there are no affected U.S.registered airplanes. This AD requires
contacting the FAA to obtain
instructions for addressing the unsafe
condition, and doing the actions
specified in those instructions. Based on
the actions specified in the MCAI AD,
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Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations
we are providing the following cost
estimates for an affected airplane that is
placed on the U.S. Register in the future:
ESTIMATED COSTS
Action
Labor cost
Revise the maintenance or inspection program ..........
1 work-hour × $85 per hour = $85 ...............................
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. ‘‘Subtitle VII:
Aviation Programs,’’ describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in ‘‘Subtitle VII,
Part A, Subpart III, Section 44701:
General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
This AD is issued in accordance with
authority delegated by the Executive
Director, Aircraft Certification Service,
as authorized by FAA Order 8000.51C.
In accordance with that order, issuance
of ADs is normally a function of the
Compliance and Airworthiness
Division, but during this transition
period, the Executive Director has
delegated the authority to issue ADs
applicable to transport category
airplanes to the Director of the System
Oversight Division.
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Regulatory Findings
We determined that this AD will not
have federalism implications under
Executive Order 13132. This AD will
not have a substantial direct effect on
the States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in
Alaska; and
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Cost per
product
Parts cost
$0
$85
4. Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
inside fuel tanks, which, in combination with
flammable fuel vapors, could result in fuel
tank explosions and consequent loss of the
airplane.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Comply with this AD within the
compliance times specified, unless already
done.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
Within 30 days after the effective date of
this AD, request instructions from the
Manager, International Section, Transport
Standards Branch, FAA, to address the
unsafe condition specified in paragraph (e) of
this AD; and accomplish the action(s) at the
times specified in, and in accordance with,
those instructions. Guidance can be found in
Mandatory Continuing Airworthiness
Information (MCAI) European Aviation
Safety Agency (EASA) AD 2015–0030, dated
February 24, 2015.
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
removing airworthiness directive (AD)
2008–06–20 R1, Amendment 39–16089
(74 FR 61018, November 23, 2009), and
adding the following new AD:
■
2018–02–09 Fokker Services B.V.:
Amendment 39–19162; Docket No.
FAA–2018–0022; Product Identifier
2015–NM–044–AD.
(a) Effective Date
This AD becomes effective February 6,
2018.
(b) Affected ADs
This AD replaces AD 2008–06–20 R1,
Amendment 39–16089 (74 FR 61018,
November 23, 2009) (‘‘AD 2008–06–20 R1’’).
(c) Applicability
This AD applies to Fokker Services B.V.
Model F28 Mark 1000, 2000, 3000, and 4000
airplanes, certificated in any category, all
manufacturer serial numbers.
(d) Subject
Air Transport Association (ATA) of
America Code 28, Fuel.
(e) Reason
This AD was prompted by the issuance of
revised fuel airworthiness limitation items
(ALI) tasks, critical design configuration
control limitations (CDCCL) items and
associated thresholds, intervals and
instructions. We are issuing this AD to
reduce the potential of ignition sources
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(f) Compliance
(g) Required Action(s)
(h) Alternative Methods of Compliance
(AMOCs)
The Manager, International Section,
Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if
requested using the procedures found in 14
CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector
or local Flight Standards District Office, as
appropriate. If sending information directly
to the International Section, send it to the
attention of the person identified in
paragraph (i)(2) of this AD. Information may
be emailed to: 9-ANM-116-AMOCREQUESTS@faa.gov. Before using any
approved AMOC, notify your appropriate
principal inspector, or lacking a principal
inspector, the manager of the local flight
standards district office/certificate holding
district office.
(i) Related Information
(1) Refer to MCAI EASA 2015–0030, dated
February 24, 2015, for related information.
You may examine the MCAI on the internet
at https://www.regulations.gov by searching
for and locating Docket No. FAA–2018–0022.
(2) For more information about this AD,
contact Tom Rodriquez, Aerospace Engineer,
International Section, Transport Standards
Branch, FAA, 1601 Lind Avenue SW,
Renton, WA 98057–3356; telephone: 425–227
–1137; fax: 425–227–1149.
(j) Material Incorporated by Reference
None.
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Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations
Issued in Renton, Washington, on January
9, 2018.
John P. Piccola, Jr.,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2018–00950 Filed 1–19–18; 8:45 am]
BILLING CODE 4910–13–P
FEDERAL TRADE COMMISSION
16 CFR Part 1
Adjustments to Civil Penalty Amounts
Federal Trade Commission.
Final rule.
AGENCY:
ACTION:
The Federal Trade
Commission (‘‘FTC’’ or ‘‘Commission’’)
is implementing adjustments to the civil
penalty amounts within its jurisdiction
to account for inflation, as required by
law.
DATES: Effective date: January 22, 2018.
FOR FURTHER INFORMATION CONTACT:
Kenny A. Wright, Attorney, Office of the
General Counsel, FTC, 600
Pennsylvania Avenue NW, Washington,
DC 20580, (202) 326–2907, kwright@
ftc.gov.
SUMMARY:
SUPPLEMENTARY INFORMATION:
Commission Rule 1.98 sets forth civil
penalty amounts for violations of certain
laws enforced by the Commission.1 As
mandated by the Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015,2 the Commission adjusted
the maximum civil penalty amounts
under its jurisdiction through an Interim
Final Rulemaking in June 2016 3 and a
subsequent annual inflation adjustment
in January 2017.4
Following the initial catch-up
adjustment, the FCPIAA, as amended,
directs agencies to adjust their civil
penalties for inflation every January
thereafter. Accordingly, the Commission
is increasing these maximum civil
penalty amounts to address inflation
since the January 2017 adjustment. The
following adjusted amounts will take
effect on January 22, 2018:
• Section 7A(g)(1) of the Clayton Act,
15 U.S.C. 18a(g)(1) (premerger filing
notification violations under the HartScott-Rodino Improvements Act)—
Increase from $40,654 to $41,484;
• Section 11(l) of the Clayton Act, 15
U.S.C. 21(l) (violations of cease and
desist orders issued under Clayton Act
section 11(b))—Increase from $21,598 to
$22,039;
• Section 5(l) of the FTC Act, 15
U.S.C. 45(l) (unfair or deceptive acts or
practices)—Increase from $40,654 to
$41,484;
• Section 5(m)(1)(A) of the FTC Act,
15 U.S.C. 45(m)(1)(A) (unfair or
deceptive acts or practices)—Increase
from $40,654 to $41,484;
• Section 5(m)(1)(B) of the FTC Act,
15 U.S.C. 45(m)(1)(B) (unfair or
deceptive acts or practices)—Increase
from $40,654 to $41,484;
• Section 10 of the FTC Act, 15 U.S.C.
50 (failure to file required reports)—
Increase from $534 to $545;
• Section 5 of the Webb-Pomerene
(Export Trade) Act, 15 U.S.C. 65 (failure
by associations engaged solely in export
trade to file required statements)—
Increase from $534 to $545;
• Section 6(b) of the Wool Products
Labeling Act, 15 U.S.C. 68d(b) (failure
by wool manufacturers to maintain
required records)—Increase from $534
to $545;
• Section 3(e) of the Fur Products
Labeling Act, 15 U.S.C. 69a(e) (failure to
maintain required records regarding fur
products)—Increase from $534 to $545;
• Section 8(d)(2) of the Fur Products
Labeling Act, 15 U.S.C. 69f(d)(2) (failure
to maintain required records regarding
fur products)—Increase from $534 to
$545;
• Section 333(a) of the Energy Policy
and Conservation Act, 42 U.S.C. 6303(a)
(knowing violations of EPCA section
332, including labeling violations)—
Increase from $440 to $449;
• Section 525(a) of the Energy Policy
and Conservation Act, 42 U.S.C. 6395(a)
(recycled oil labeling violations)—
Increase from $21,598 to $22,039;
• Section 525(b) of the Energy Policy
and Conservation Act, 42 U.S.C. 6395(b)
(willful violations of recycled oil
labeling requirements)—Increase from
$40,654 to $41,484;
• Section 621(a)(2) of the Fair Credit
Reporting Act, 15 U.S.C. 1681s(a)(2)
(knowing violations of the Fair Credit
Reporting Act)—Increase from $3,817 to
$3,895;
• Section 1115(a) of the Medicare
Prescription Drug Improvement and
Modernization Act of 2003, Public Law
108–173, 21 U.S.C. 355 note (failure to
comply with filing requirements)—
Increase from $14,373 to $14,666; and
• Section 814(a) of the Energy
Independence and Security Act of 2007,
42 U.S.C. 17304 (violations of
prohibitions on market manipulation
and provision of false information to
federal agencies)—Increase from
$1,156,953 to $1,180,566.
Calculation of Inflation Adjustments
The FCPIAA, as amended, directs
federal agencies to adjust each civil
monetary penalty under their
jurisdiction for inflation in January of
each year pursuant to a cost-of-living
adjustment.5 The cost-of-living
adjustment is based on the percent
change between the U.S. Department of
Labor’s Consumer Price Index for allurban consumers (‘‘CPI–U’’) for the
month of October preceding the date of
the adjustment, and the CPI–U for
October of the prior year.6 Based on that
formula, the cost-of-living adjustment
multiplier for 2018 is 1.02041. The
FCPIAA also directs that these penalty
level adjustments should be rounded to
the nearest dollar. Agencies do not have
discretion over whether to adjust a
maximum civil penalty, or the method
used to determine the adjustment.
The following chart illustrates the
application of these adjustments to the
civil monetary penalties under the
Commission’s jurisdiction.
CALCULATION OF ADJUSTMENTS TO MAXIMUM CIVIL MONETARY PENALTIES
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Citation
16
16
16
16
CFR
CFR
CFR
CFR
1.98(a): 15 U.S.C. 18a(g)(1) .............
1.98(b): 15 U.S.C. 21(l) .....................
1.98(c): 15 U.S.C. 45(l) .....................
1.98(d): 15 U.S.C. 45(m)(1)(A) .........
1 16
CFR 1.98.
Law 114–74, section 701, 129 Stat. 599
(2015). The Act amends the Federal Civil Penalties
Inflation Adjustment Act (‘‘FCPIAA’’), Public Law
101–410, 104 Stat. 890 (codified at 28 U.S.C. 2461
note).
2 Public
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15:52 Jan 19, 2018
Current
penalty
(2017)
Description
Jkt 244001
Premerger filing notification violations ...........
Violations of cease and desist orders ............
Unfair or deceptive acts or practices .............
Unfair or deceptive acts or practices .............
3 81
FR 42476 (June 30, 2016).
FR 8135 (Jan. 24, 2017).
5 28 U.S.C. 2461 note (4).
6 Id. (3), (5)(b); Office of Management and Budget,
Memorandum M–18–03, Implementation of Penalty
4 82
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$40,654
21,598
40,654
40,654
Adjustment
multiplier
1.02041
1.02041
1.02041
1.02041
Adjusted
penalty
$41,484
22,039
41,484
41,484
Inflation Adjustments for 2018, Pursuant to the
Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015, at 4 (December 15,
2017), available at https://www.whitehouse.gov/wpcontent/uploads/2017/11/M-18-03.pdf.
E:\FR\FM\22JAR1.SGM
22JAR1
Agencies
[Federal Register Volume 83, Number 14 (Monday, January 22, 2018)]
[Rules and Regulations]
[Pages 2899-2902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00950]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2018-0022; Product Identifier 2015-NM-044-AD; Amendment
39-19162; AD 2018-02-09]
RIN 2120-AA64
Airworthiness Directives; Fokker Services B.V. Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: We are superseding Airworthiness Directive (AD) 2008-06-20 R1,
which applied to all Fokker Services B.V. Model F28 Mark 0070 and 0100
airplanes, and certain Model F28 Mark 1000, 2000, 3000, and 4000
airplanes. AD 2008-06-20 R1 required revising the Airworthiness
Limitations Section (ALS) of the Instructions for Continued
Airworthiness for certain airplanes, and the maintenance or inspection
program, as applicable, for certain other airplanes, to incorporate new
limitations for fuel tank systems. AD 2008-06-20 R1 also clarified the
intended effect on spare and on-airplane fuel tank system components,
regarding the use of maintenance manuals and instructions for continued
airworthiness. This new AD was prompted by revised fuel airworthiness
limitation items (ALI) tasks, and critical design configuration control
limitations (CDCCL) items, and associated
[[Page 2900]]
thresholds, intervals, and instructions. This AD requires contacting
the FAA to obtain instructions for addressing the unsafe condition on
these products, and doing the actions specified in those instructions.
We are issuing this AD to address the unsafe condition on these
products.
DATES: This AD becomes effective February 6, 2018.
We must receive comments on this AD by March 8, 2018.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Examining the AD Docket
You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0022; or in person at the Docket Operations office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Operations office
(telephone: 800-647-5527) is in the ADDRESSES section. Comments will be
available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Tom Rodriquez, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 1601 Lind
Avenue SW, Renton, WA 98057-3356; telephone: 425-227-1137; fax: 425-
227-1149.
SUPPLEMENTARY INFORMATION:
Discussion
We issued AD 2008-06-20 R1, Amendment 39-16089 (74 FR 61018,
November 23, 2009) (``AD 2008-06-20 R1''), which applied to all Fokker
Services B.V. Model F28 Mark 0070 and 0100 airplanes, and certain Model
F28 Mark 1000, 2000, 3000, and 4000 airplanes. AD 2008-06-20 R1 was
prompted by revised fuel ALI tasks, and CDCCL items, and associated
thresholds, intervals and instructions. AD 2008-06-20 R1 required
revising the ALS of the Instructions for Continued Airworthiness for
certain airplanes, and the FAA-approved maintenance or inspection
program, as applicable, for certain other airplanes, to incorporate new
limitations for fuel tank systems. AD 2008-06-20 R1 also clarified the
AD's intended effect on spare and on-airplane fuel tank system
components, regarding the use of maintenance manuals and instructions
for continued airworthiness. We issued AD 2008-06-20 R1 to reduce the
potential of ignition sources inside fuel tanks, which, in combination
with flammable fuel vapors, could result in fuel tank explosions and
consequent loss of the airplane.
Since we issued AD 2008-06-20 R1, we have determined that revised
Fuel ALI tasks, and CDCCL items, and associated thresholds, intervals
and instructions need to be implemented.
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2015-0030, dated February 24, 2015 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for all Fokker Services B.V. Model F28 Mark
1000, 2000, 3000, and 4000 airplanes. The MCAI states:
[Subsequent to accidents involving Fuel Tank System explosions
in flight and on ground] * * *, the FAA published Special Federal
Aviation Regulation (SFAR) 88, and the Joint Aviation Authorities
(JAA) published Interim Policy INT/POL/25/12. The review conducted
by Fokker Services on the Fokker F28 design in response to these
regulations identified a number of Fuel Airworthiness Limitation
items (ALI) and Critical Design Configuration Control Limitations
(CDCCL) items to prevent the development of unsafe conditions within
the fuel system.
To introduce these Fuel ALI and CDCCL items, Fokker Services
published Service Bulletin (SB) F28/28-050 and EASA issued AD 2006-
0208, requiring the implementation of these Fuel ALI and CDCCL
items. That [EASA] AD was later revised to make reference to SBF28-
28-050R1 and to specify that the use of later revisions was
acceptable.
In 2014, Fokker Services issued Revision 2 of SBF28-28-050 to
update the ALI and CDCCL items and to consolidate Fuel ALI and CDCCL
items contained in a number of other SBs. Consequently, EASA issued
AD 2014-0110, superseding [EASA] AD 2006-0208R1 [which corresponds
to FAA AD 2008-06-20 R1] and requiring the implementation of the
updated Fuel ALI and CDCCL items.
Since that [EASA] AD was issued, Fokker Services issued Revision
3 of SBF28-28-050, primarily to introduce 5 additional CDCCL items.
You may examine the MCAI on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0022.
FAA's Determination and Requirements of This AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI. We are
issuing this AD because we evaluated all pertinent information and
determined the unsafe condition exists and is likely to exist or
develop on other products of the same type design.
FAA's Determination of the Effective Date
Since there are currently no domestic operators of this product, we
find good cause that notice and opportunity for prior public comment
are unnecessary. In addition, for the reason(s) stated above, we find
that good cause exists for making this amendment effective in less than
30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2018-0022; Product
Identifier 2015-NM-044-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD based on
those comments.
We will post all comments we receive, without change, to https://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.
Costs of Compliance
Currently, there are no affected U.S.-registered airplanes. This AD
requires contacting the FAA to obtain instructions for addressing the
unsafe condition, and doing the actions specified in those
instructions. Based on the actions specified in the MCAI AD,
[[Page 2901]]
we are providing the following cost estimates for an affected airplane
that is placed on the U.S. Register in the future:
Estimated Costs
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Cost per
Action Labor cost Parts cost product
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Revise the maintenance or inspection 1 work-hour x $85 per hour = $85... $0 $85
program.
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Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes to
the Director of the System Oversight Division.
Regulatory Findings
We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in Alaska; and
4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by removing airworthiness directive (AD)
2008-06-20 R1, Amendment 39-16089 (74 FR 61018, November 23, 2009), and
adding the following new AD:
2018-02-09 Fokker Services B.V.: Amendment 39-19162; Docket No. FAA-
2018-0022; Product Identifier 2015-NM-044-AD.
(a) Effective Date
This AD becomes effective February 6, 2018.
(b) Affected ADs
This AD replaces AD 2008-06-20 R1, Amendment 39-16089 (74 FR
61018, November 23, 2009) (``AD 2008-06-20 R1'').
(c) Applicability
This AD applies to Fokker Services B.V. Model F28 Mark 1000,
2000, 3000, and 4000 airplanes, certificated in any category, all
manufacturer serial numbers.
(d) Subject
Air Transport Association (ATA) of America Code 28, Fuel.
(e) Reason
This AD was prompted by the issuance of revised fuel
airworthiness limitation items (ALI) tasks, critical design
configuration control limitations (CDCCL) items and associated
thresholds, intervals and instructions. We are issuing this AD to
reduce the potential of ignition sources inside fuel tanks, which,
in combination with flammable fuel vapors, could result in fuel tank
explosions and consequent loss of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Action(s)
Within 30 days after the effective date of this AD, request
instructions from the Manager, International Section, Transport
Standards Branch, FAA, to address the unsafe condition specified in
paragraph (e) of this AD; and accomplish the action(s) at the times
specified in, and in accordance with, those instructions. Guidance
can be found in Mandatory Continuing Airworthiness Information
(MCAI) European Aviation Safety Agency (EASA) AD 2015-0030, dated
February 24, 2015.
(h) Alternative Methods of Compliance (AMOCs)
The Manager, International Section, Transport Standards Branch,
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the International Section, send it to the
attention of the person identified in paragraph (i)(2) of this AD.
Information may be emailed to: [email protected].
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office.
(i) Related Information
(1) Refer to MCAI EASA 2015-0030, dated February 24, 2015, for
related information. You may examine the MCAI on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2018-0022.
(2) For more information about this AD, contact Tom Rodriquez,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 1601 Lind Avenue SW, Renton, WA 98057-3356; telephone:
425-227-1137; fax: 425-227-1149.
(j) Material Incorporated by Reference
None.
[[Page 2902]]
Issued in Renton, Washington, on January 9, 2018.
John P. Piccola, Jr.,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-00950 Filed 1-19-18; 8:45 am]
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