[Federal Register Volume 73, Number 49 (Wednesday, March 12, 2008)]
[Rules and Regulations]
[Pages 13071-13075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4328]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-29172; Directorate Identifier 2006-NM-285-AD; 
Amendment 39-15412; AD 2008-05-18]
RIN 2120-AA64


Airworthiness Directives; Fokker Model F27 Mark 050, 200, 300, 
400, 500, 600, and 700 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) originated by an aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    Subsequent to accidents involving Fuel Tank System explosions in 
flight * * * and on ground, * * * Special Federal Aviation 
Regulation 88 (SFAR88) * * * required a

[[Page 13072]]

safety review of the aircraft Fuel Tank System * * *.
* * * * *
    Fuel Airworthiness Limitations are items arising from a systems 
safety analysis that have been shown to have failure mode(s) 
associated with an `unsafe condition' * * *. These are identified in 
Failure Conditions for which an unacceptable probability of ignition 
risk could exist if specific tasks and/or practices are not 
performed in accordance with the manufacturers' requirements.

    We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective April 16, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of April 16, 
2008.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1137; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on September 11, 2007 
(72 FR 51719). That NPRM proposed to correct an unsafe condition for 
the specified products. The MCAI states:

    Subsequent to accidents involving Fuel Tank System explosions in 
flight * * * and on ground, the FAA published Special Federal 
Aviation Regulation 88 (SFAR 88) in June 2001. SFAR 88 required a 
safety review of the aircraft Fuel Tank System to determine that the 
design meets the requirements of FAR (Federal Aviation Regulation) 
Sec.  25.901 and Sec.  25.981(a) and (b).
    A similar regulation has been recommended by the JAA (Joint 
Aviation Authorities) to the European National Aviation Authorities 
in JAA letter 04/00/02/07/03-L024 of 3 February 2003. The review was 
requested to be mandated by NAA's (National Aviation Authorities) 
using JAR (Joint Aviation Regulation) Sec.  25.901(c), Sec.  
25.1309.
    In August 2005 EASA published a policy statement on the process 
for developing instructions for maintenance and inspection of Fuel 
Tank System ignition source prevention (EASA D 2005/CPRO, http://www.easa.eu.int/home/cert_policy_statements_en.html) that also 
included the EASA expectations with regard to compliance times of 
the corrective actions on the unsafe and the not unsafe part of the 
harmonised design review results. On a global scale the TC (type 
certificate) holders committed themselves to the EASA published 
compliance dates (see EASA policy statement). The EASA policy 
statement has been revised in March 2006: the date of 31-12-2005 for 
the unsafe related actions has now been set at 01-07-2006.
    Fuel Airworthiness Limitations are items arising from a systems 
safety analysis that have been shown to have failure mode(s) 
associated with an `unsafe condition' as defined in FAA's memo 2003-
112-15 `SFAR 88--Mandatory Action Decision Criteria'. These are 
identified in Failure Conditions for which an unacceptable 
probability of ignition risk could exist if specific tasks and/or 
practices are not performed in accordance with the manufacturers' 
requirements.
    This EASA Airworthiness Directive mandates the Fuel System 
Airworthiness Limitations, comprising maintenance/inspection tasks 
and Critical Design Configuration Control Limitations (CDCCL) for 
the type of aircraft, that resulted from the design reviews and the 
JAA recommendation and EASA policy statement mentioned above.

    The corrective action includes revising the Airworthiness 
Limitations Section of the Instructions for Continued Airworthiness to 
incorporate new limitations for fuel tank systems. You may obtain 
further information by examining the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Actions Since the NPRM Was Issued

    Since we issued the NPRM, we have received Fokker 50/60 Fuel 
Airworthiness Limitation Items (ALI) and Critical Design Configuration 
Control Limitations (CDCCL) Report SE-671, Issue 2, dated December 1, 
2006. (We referred to Fokker 50/60 Fuel Airworthiness Limitation Items 
(ALI) and Critical Design Configuration Control Limitations (CDCCL) 
Report SE-671, Issue 1, dated January 31, 2006, in the NPRM as the 
appropriate source of service information for accomplishing the 
required actions.) Issue 2 of the report includes the CDCCL control 
references as published in the May 1, 2006, revision of the airplane 
maintenance manual. We have changed paragraphs (f) and (h) of the AD to 
refer to Issue 2 of the report.
    We have also received Fokker Service Bulletin SBF27-28-070, 
Revision 1, dated January 8, 2008. (We referred to Fokker Service 
Bulletin SBF27/28-070, dated June 30, 2006, in the NPRM as an 
appropriate source of service information for accomplishing the 
required actions.) Revision 1 of the service bulletin includes 
editorial changes, changes to certain CDCCL control references, and 
changes to the compliance paragraph. We have changed paragraphs (f) and 
(h) of the AD to refer to Revision 1 of the service bulletin.
    We have also added a new paragraph (f)(5) to the AD to specify that 
actions done before the effective date of this AD in accordance with 
Fokker 50/60 Fuel Airworthiness Limitation Items (ALI) and Critical 
Design Configuration Control Limitations (CDCCL) Report SE-671, Issue 
1, dated January 31, 2006; or Fokker Service Bulletin SBF27/28-070, 
dated June 30, 2006; as applicable; are acceptable for compliance with 
the corresponding requirements of this AD.

Explanation of Additional Changes to the AD

    We have clarified paragraph (f)(1) of this AD to specify that 
operators are to incorporate the ``limits'' (inspections, thresholds, 
and intervals) specified in the Fokker 50/60 Fuel Airworthiness 
Limitation Items (ALI) and Critical Design Configuration Control 
Limitations (CDCCL) Report SE-671, Issue 2, dated December 1, 2006; or 
Fokker Service Bulletin SBF27-28-070, Revision 1, dated January 8, 
2008; as applicable. Paragraph (f)(1) of the NPRM did not include the 
words ``the limits,'' or a description of those limits.
    For standardization purposes, we have revised this AD in the 
following ways:
     We have revised paragraph (f)(4) of this AD to specify 
that no alternative inspections, inspection intervals, or CDCCLs may be 
used unless they are part of a later approved revision of Fokker 50/60 
Fuel Airworthiness Limitation Items (ALI) and Critical Design 
Configuration Control Limitations (CDCCL) Report SE-671, Issue 2, dated 
December 1, 2006; or Fokker Service Bulletin SBF27-28-070, Revision 1, 
dated January 8, 2008; as applicable; or unless they are approved as an 
alternative method of compliance (AMOC). Inclusion of this paragraph in 
the AD is intended to ensure that the AD-mandated airworthiness 
limitations changes are treated the same as the airworthiness 
limitations issued with the original type certificate.
     We have simplified the language in Note 1 of this AD to 
clarify that an operator must request approval for an AMOC if the 
operator cannot

[[Page 13073]]

accomplish the required inspections because an airplane has been 
previously modified, altered, or repaired in the areas addressed by the 
required inspections.
     In most ADs, we adopt a compliance time allowing a 
specified amount of time after the AD's effective date. In this case, 
however, the FAA has already issued regulations that require operators 
to revise their maintenance/inspection programs to address fuel tank 
safety issues. The compliance date for these regulations is December 
16, 2008. To provide for coordinated implementation of these 
regulations and this AD, we are including this same compliance date in 
this AD.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD with the changes described 
previously. We determined that these changes will not increase the 
economic burden on any operator or increase the scope of the AD.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect about 24 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 $1,920, or $80 per 
product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications 
under Executive Order 13132. This AD will not have a substantial direct 
effect on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at 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 the NPRM, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Operations office (telephone (800) 647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2008-05-18 Fokker Services B.V.: Amendment 39-15412. Docket No. FAA-
2007-29172; Directorate Identifier 2006-NM-285-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April 
16, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Fokker Model F27 Mark 050 airplanes, all 
serial numbers; and Fokker F27 Mark 200, 300, 400, 500, 600, and 700 
airplanes, serial numbers 10102 through 10692; certificated in any 
category.

    Note 1: This AD requires revisions to certain operator 
maintenance documents to include new inspections. Compliance with 
these inspections is required by 14 CFR 91.403(c). For airplanes 
that have been previously modified, altered, or repaired in the 
areas addressed by these inspections, the operator may not be able 
to accomplish the inspections described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must 
request approval for an alternative method of compliance according 
to paragraph (g)(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) Air Transport Association (ATA) of America Code 28: Fuel.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    Subsequent to accidents involving Fuel Tank System explosions in 
flight * * * and on ground, the FAA published Special Federal 
Aviation Regulation 88 (SFAR 88) in June 2001. SFAR 88 required a 
safety review of the aircraft Fuel Tank System to determine that the 
design meets the requirements of FAR (Federal Aviation Regulation) 
Sec.  25.901 and Sec.  25.981(a) and (b).
    A similar regulation has been recommended by the JAA (Joint 
Aviation Authorities) to the European National Aviation Authorities 
in JAA letter 04/00/02/07/03-L024 of 3 February 2003. The review was 
requested to be mandated by NAA's (National Aviation Authorities) 
using JAR (Joint Aviation Regulation) Sec.  25.901(c), Sec.  
25.1309.
    In August 2005 EASA published a policy statement on the process 
for developing instructions for maintenance and inspection of Fuel 
Tank System ignition source prevention (EASA D 2005/CPRO, http://

[[Page 13074]]

www.easa.eu.int/home/cert_policy_statements_en.html) that also 
included the EASA expectations with regard to compliance times of 
the corrective actions on the unsafe and the not unsafe part of the 
harmonised design review results. On a global scale the TC (type 
certificate) holders committed themselves to the EASA published 
compliance dates (see EASA policy statement). The EASA policy 
statement has been revised in March 2006: the date of 31-12-2005 for 
the unsafe related actions has now been set at 01-07-2006.
    Fuel Airworthiness Limitations are items arising from a systems 
safety analysis that have been shown to have failure mode(s) 
associated with an `unsafe condition' as defined in FAA's memo 2003-
112-15 `SFAR 88--Mandatory Action Decision Criteria'. These are 
identified in Failure Conditions for which an unacceptable 
probability of ignition risk could exist if specific tasks and/or 
practices are not performed in accordance with the manufacturers' 
requirements.
    This EASA Airworthiness Directive mandates the Fuel System 
Airworthiness Limitations, comprising maintenance/inspection tasks 
and Critical Design Configuration Control Limitations (CDCCL) for 
the type of aircraft, that resulted from the design reviews and the 
JAA recommendation and EASA policy statement mentioned above.

The corrective action includes revising the Airworthiness 
Limitations Section of the Instructions for Continued Airworthiness 
to incorporate new limitations for fuel tank systems.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 3 months after the effective date of this AD or 
before December 16, 2008, whichever occurs first, revise the 
Airworthiness Limitations Section (ALS) of the Instructions for 
Continued Airworthiness to incorporate the limits (inspections, 
thresholds, and intervals) specified in Fokker 50/60 Fuel 
Airworthiness Limitation Items (ALI) and Critical Design 
Configuration Control Limitations (CDCCL) Report SE-671, Issue 2, 
dated December 1, 2006; or Fokker Service Bulletin SBF27-28-070, 
Revision 1, dated January 8, 2008; as applicable. For all tasks 
identified in Report SE-671 or Service Bulletin SBF27-28-070, the 
initial compliance times are as specified in Table 1 or Table 2 of 
this AD, as applicable. The repetitive inspections must be 
accomplished thereafter at the intervals specified in Report SE-671 
or Service Bulletin SBF27-28-070, as applicable, except as provided 
by paragraphs (f)(3) and (g)(1) of this AD.

 Table 1.--Initial Compliance Times for ALS Revision for Model F27 Mark
                              050 Airplanes
------------------------------------------------------------------------
               For--                           The later of--
------------------------------------------------------------------------
Task 280000-01....................  102 months after the effective date
                                     of this AD; or 102 months after the
                                     date of issuance of the original
                                     Dutch standard airworthiness
                                     certificate or the date of issuance
                                     of the original Dutch export
                                     certificate of airworthiness.
Task 280000-02....................  30 months after the effective date
                                     of this AD; or 30 months after the
                                     date of issuance of the original
                                     Dutch standard airworthiness
                                     certificate or the date of issuance
                                     of the original Dutch export
                                     certificate of airworthiness.
------------------------------------------------------------------------


 Table 2.--Initial Compliance Times for ALS Revision for Model F27 Mark
               200, 300, 400, 500, 600, and 700 Airplanes
------------------------------------------------------------------------
               For--                           The later of--
------------------------------------------------------------------------
Task 280000-01....................  78 months after the effective date
                                     of this AD; or 78 months after the
                                     date of issuance of the original
                                     Dutch standard airworthiness
                                     certificate or the date of issuance
                                     of the original Dutch export
                                     certificate of airworthiness.
Task 280000-02....................  18 months after the effective date
                                     of this AD; or 18 months after the
                                     date of issuance of the original
                                     Dutch standard airworthiness
                                     certificate or the date of issuance
                                     of the original Dutch export
                                     certificate of airworthiness.
------------------------------------------------------------------------

    (2) Within 3 months after the effective date of this AD or 
before December 16, 2008, whichever occurs first, revise the ALS of 
the Instructions for Continued Airworthiness to incorporate the 
CDCCLs as defined in Fokker 50/60 Fuel Airworthiness Limitation 
Items (ALI) and Critical Design Configuration Control Limitations 
(CDCCL) Report SE-671, Issue 2, dated December 1, 2006; or Fokker 
Service Bulletin SBF27-28-070, Revision 1, dated January 8, 2008; as 
applicable.
    (3) Where Fokker 50/60 Fuel Airworthiness Limitation Items (ALI) 
and Critical Design Configuration Control Limitations (CDCCL) Report 
SE-671, Issue 2, dated December 1, 2006; or Fokker Service Bulletin 
SBF27-28-070, Revision 1, dated January 8, 2008; as applicable; 
allow for exceptional short-term extensions, an exception is 
acceptable to the FAA if it is approved by the appropriate principal 
inspector in the FAA Flight Standards Certificate Holding District 
Office.
    (4) After accomplishing the actions specified in paragraphs 
(f)(1) and (f)(2) of this AD, no alternative inspections, inspection 
intervals, or CDCCLs may be used, unless the inspections, inspection 
intervals, or CDCCLs are part of a later revision of Fokker 50/60 
Fuel Airworthiness Limitation Items (ALI) and Critical Design 
Configuration Control Limitations (CDCCL) Report SE-671, Issue 2, 
dated December 1, 2006; or Fokker Service Bulletin SBF27-28-070, 
Revision 1, dated January 8, 2008; as applicable; that is approved 
by the Manager, International Branch, ANM-116, FAA, or the Civil 
Aviation Authority--The Netherlands (CAA-NL) (or its delegated 
agent); or unless the inspections, intervals, or CDCCLs are 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 50/60 Fuel Airworthiness Limitation Items 
(ALI) and Critical Design Configuration Control Limitations (CDCCL) 
Report SE-671, Issue 1, dated January 31, 2006; and Fokker Service 
Bulletin SBF27-28-070, dated June 30, 2006; are acceptable for 
compliance with the corresponding requirements of this AD.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, FAA, has the authority to approve 
AMOCs for this AD, if requested using the procedures found in 14 CFR 
39.19. Send information to ATTN: Tom Rodriguez, Aerospace Engineer, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone 
(425) 227-1137; fax (425) 227-1149. Before using any approved AMOC 
on any airplane to which the AMOC applies, notify your appropriate 
principal inspector (PI) in the FAA Flight Standards District Office 
(FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they

[[Page 13075]]

are approved by the State of Design Authority (or their delegated 
agent). You are required to assure the product is airworthy before 
it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency (EASA) 
Airworthiness Directive 2006-0207, dated July 12, 2006; EASA 
Airworthiness Directive 2006-0209, dated July 12, 2006 (corrected 
September 1, 2006); Fokker 50/60 Fuel Airworthiness Limitation Items 
(ALI) and Critical Design Configuration Control Limitations (CDCCL) 
Report SE-671, Issue 2, dated December 1, 2006; and Fokker Service 
Bulletin SBF27-28-070, Revision 1, dated January 8, 2008; for 
related information.

Material Incorporated by Reference

    (i) You must use Fokker 50/60 Fuel Airworthiness Limitation 
Items (ALI) and Critical Design Configuration Control Limitations 
(CDCCL) Report SE-671, Issue 2, dated December 1, 2006; and Fokker 
Service Bulletin SBF27-28-070, Revision 1, dated January 8, 2008; to 
do the actions required by this AD, unless the AD specifies 
otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Fokker Services B.V., Technical Services Dept., P.O. Box 231, 2150 
AE Nieuw-Vennep, the Netherlands.
    (3) You may review copies at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the 
National Archives and Records Administration (NARA). For information 
on the availability of this material at NARA, call (202) 741-6030, 
or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on February 28, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-4328 Filed 3-11-08; 8:45 am]
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