
[Federal Register: November 23, 2009 (Volume 74, Number 224)]
[Rules and Regulations]               
[Page 61018-61021]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23no09-2]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1070; Directorate Identifier 2009-NM-180-AD; 
Amendment 39-16089; AD 2008-06-20 R1]
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; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above that would revise an existing AD. 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.

    This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective December 8, 2009.
    On April 23, 2008 (73 FR 14661, March 19, 2008), the Director of 
the Federal Register approved the incorporation by reference of certain 
publications listed in the AD.
    We must receive comments on this AD by January 7, 2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
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.

[[Page 61019]]

     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this AD, contact Fokker 
Services B.V., Technical Services Dept., P.O. Box 231, 2150 AE Nieuw-
Vennep, the Netherlands; telephone +31 (0)252-627-350; fax +31 (0)252-
627-211; e-mail technicalservices.fokkerservices@ stork.com; Internet 
http://www.myfokkerfleet.com.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
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 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 Rodriguez, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1137; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: 

Discussion

    On March 9, 2008, we issued AD 2008-06-20, Amendment 39-15432 (73 
FR 14661, March 19, 2008). That AD applied to certain Fokker Model F.28 
Mark 0070, 0100, 1000, 2000, 3000, and 4000 airplanes. That AD required 
revising the Airworthiness Limitations Section (ALS) 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.
    Critical design configuration control limitations (CDCCLs) are 
limitation requirements to preserve a critical ignition source 
prevention feature of the fuel tank system design that is necessary to 
prevent the occurrence of an unsafe condition. The purpose of a CDCCL 
is to provide instruction to retain the critical ignition source 
prevention feature during configuration change that may be caused by 
alterations, repairs, or maintenance actions. A CDCCL is not a periodic 
inspection.
    Since we issued that AD, we have determined that it is necessary to 
clarify 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.
    Section 91.403(c) of the Federal Aviation Regulations (14 CFR 
91.403(c)) specifies the following:

    No person may operate an aircraft for which a manufacturer's 
maintenance manual or instructions for continued airworthiness has 
been issued that contains an airworthiness limitation section unless 
the mandatory * * * procedures * * * have been complied with.

    Some operators have questioned whether existing components affected 
by the new CDCCLs must be reworked. We did not intend for the AD to 
retroactively require rework of components that had been maintained 
using acceptable methods before the effective date of the AD. Owners 
and operators of the affected airplanes therefore are not required to 
rework affected components identified as airworthy or installed on the 
affected airplanes before the required revisions of the ALS for certain 
airplanes, and the FAA-approved maintenance program for certain other 
airplanes, to incorporate new limitations for fuel tank systems. But 
once the CDCCLs are incorporated into the ALS for certain airplanes, 
and the FAA-approved maintenance program for certain other airplanes, 
to incorporate new limitations for fuel tank systems, future 
maintenance actions on components must be done in accordance with those 
CDCCLs.

FAA's Determination

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. This new 
AD retains the requirements of the existing AD, and adds a new note to 
clarify the intended effect of the AD on spare and on-airplane fuel 
tank system components. We have renumbered subsequent notes 
accordingly.

Explanation of Additional Change to AD

    AD 2008-06-20 allowed the use of an alternative inspection, 
inspection interval, or CDCCL if it is part of a later revision of the 
of Fokker 70/100 Fuel Airworthiness Limitation Items (ALI) and CDCCL 
Report SE-672, Issue 2, dated December 1, 2006; or Fokker Service 
Bulletin SBF28-28-050, Revision 1, dated January 8, 2008. That 
provision has been removed from this AD. Allowing the use of ``a later 
revision'' of specific service document violates Office of the Federal 
Register policies for approving materials that are incorporated by 
reference. Affected operators, however, may request approval to use a 
later revision of the referenced service documents as an alternative 
method of compliance, under the provisions of paragraph (g)(1) of this 
AD.

Differences Between the 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

    This revision imposes no additional economic burden. The current 
costs for this AD are repeated for the convenience of affected 
operators, as follows:
    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.

FAA's Justification and Determination of the Effective Date

    This revision merely clarifies the intended effect on spare and on-
airplane fuel tank system components, and makes no substantive change 
to the AD's requirements. For this reason, it is found that notice and 
opportunity for prior public comment for this action are unnecessary, 
and 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-2009-1070; Directorate 
Identifier 2009-NM-180-AD'' at the beginning of your comments. We 
specifically invite comments on the

[[Page 61020]]

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 because of those comments.
    We will post all comments we receive, without change, to http://
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.

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.

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 removing amendment 39-15432 (73 FR 
14661, March 19, 2008) and adding the following new AD:

2008-06-20 R1 Fokker Services B.V.: Amendment 39-16089. Docket No. 
FAA-2009-1070; Directorate Identifier 2009-NM-180-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective December 
8, 2009.

Affected ADs

    (b) This AD revises AD 2008-06-20, Amendment 39-15432.

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 inclusive, and 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.

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, 
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 (ALS) 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.

Restatement of Requirements of AD 2008-06-20, With Change to Compliance 
Method

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 3 months after April 23, 2008 (the effective date of 
AD 2008-06-20), 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 April 23, 2008. 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 ALS 
of the Instructions

[[Page 61021]]

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 April 23, 2008, 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 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 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.

New Information

Explanation of CDCCL Requirements

    Note 3: Notwithstanding any other maintenance or operational 
requirements, components that have been identified as airworthy or 
installed on the affected airplanes before the revision of the ALS 
for certain airplanes, and the FAA-approved maintenance program for 
certain other airplanes, as required by paragraph (f) of this AD, do 
not need to be reworked in accordance with the CDCCLs. However, once 
the ALS for certain airplanes, and the FAA-approved maintenance 
program for certain other airplanes has been revised, future 
maintenance actions on these components must be done in accordance 
with the CDCCLs.

FAA AD Differences

    Note 4: 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 principal 
maintenance inspector (PMI) or principal avionics inspector (PAI), 
as appropriate, or lacking a principal inspector, your local Flight 
Standards District Office. The AMOC approval letter must 
specifically reference this AD.
    (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 ensure 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 (44 
U.S.C. 3501 et seq.), 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 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 previously approved the 
incorporation by reference 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; 
and Fokker Service Bulletin SBF28-28-050, Revision 1, dated January 
8, 2008; on April 23, 2008 (73 FR 14661, March 19, 2008).
    (2) For service information identified in this AD, contact 
Fokker Services B.V., Technical Services Dept., P.O. Box 231, 2150 
AE Nieuw-Vennep, the Netherlands; telephone +31 (0)252-627-350; fax 
+31 (0)252-627-211; e-mail 
technicalservices.fokkerservices@stork.com; Internet http://
www.myfokkerfleet.com.
    (3) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221 or 425-227-1152.
    (4) You may also review copies of the 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: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on November 6, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-27962 Filed 11-20-09; 8:45 am]

BILLING CODE 4910-13-P
