Airworthiness Directives; Fokker Services B.V. Airplanes, 2899-2902 [2018-00950]

Download as PDF 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 ethrower on DSK3G9T082PROD with RULES (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 VerDate Sep<11>2014 15:52 Jan 19, 2018 Jkt 244001 (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 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 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: E:\FR\FM\22JAR1.SGM 22JAR1 ER22JA18.001</GPH> (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. ethrower on DSK3G9T082PROD with RULES 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 VerDate Sep<11>2014 15:52 Jan 19, 2018 Jkt 244001 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, PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 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, E:\FR\FM\22JAR1.SGM 22JAR1 2901 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. ethrower on DSK3G9T082PROD with RULES 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 VerDate Sep<11>2014 15:52 Jan 19, 2018 Jkt 244001 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 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 (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. E:\FR\FM\22JAR1.SGM 22JAR1 2902 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 ethrower on DSK3G9T082PROD with RULES 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 VerDate Sep<11>2014 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 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 $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.

-----------------------------------------------------------------------

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
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Revise the maintenance or inspection         1 work-hour x $85 per hour = $85...              $0             $85
 program.
----------------------------------------------------------------------------------------------------------------

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]
 BILLING CODE 4910-13-P
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