[Federal Register Volume 79, Number 43 (Wednesday, March 5, 2014)]
[Proposed Rules]
[Page 12424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-04890]



[[Page 12424]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0629; Directorate Identifier 2012-NM-214-AD]
RIN 2120-AA64


Airworthiness Directives; Fokker Services B.V. Airplanes

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

ACTION: Proposed rule; withdrawal.

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SUMMARY: The FAA withdraws a notice of proposed rulemaking (NPRM) that 
proposed a new airworthiness directive (AD), which applies to certain 
Fokker Services B.V. Model F.28 Mark 0070 and 0100 airplanes. The NPRM 
would have required installing fuses in the maximum level (Max Level) 
sensor wiring, and revising the airplane maintenance program by 
incorporating critical design configuration control limitations. Since 
the NPRM was issued, we have received new data indicating that the 
modification proposed in the NPRM interfered with the normal operation 
of the Max Level shutoff system. Accordingly, the NPRM is withdrawn.

DATES: As of March 5, 2014, the proposed rule, which was published in 
the Federal Register on July 31, 2013 (78 FR 46298), is withdrawn.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2013-
0629; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this AD action, the NPRM (78 FR 46298, July 31, 2013), the 
regulatory evaluation, any comments received, and other information. 
The address for the Docket Office (telephone 800-647-5527) is the 
Docket Management Facility, U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.

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

SUPPLEMENTARY INFORMATION:

Discussion

    We proposed to amend part 39 of the Federal Aviation Regulations 
(14 CFR part 39) with a notice of proposed rulemaking (NPRM) for a new 
AD for certain Fokker Services B.V. Model F.28 Mark 0070 and 0100 
airplanes. The NPRM published in the Federal Register on July 31, 2013 
(78 FR 46298). The NPRM resulted from a design review, which revealed 
that, under certain failure conditions of the Max Level sensor wiring, 
a short circuit may develop that causes a hot spot on the wiring 
conduit, or puncturing of the wiring conduit wall in the center wing 
fuel tank. The NPRM would have required installing fuses in the Max 
Level sensor wiring, and revising the airplane maintenance program by 
incorporating critical design configuration control limitations. The 
proposed actions were intended to prevent an ignition source in the 
center wing fuel tank vapor space, which could result in a fuel tank 
explosion and consequent loss of the airplane.

Actions Since NPRM (78 FR 46298, July 31, 2013) Was Issued

    Since we issued the NPRM (78 FR 46298, July 31, 2013), we received 
a report that after an operator installed the fuses in the wiring of 
the Max Level sensors of the center fuel tank, as specified in Fokker 
Service Bulletin SBF100-28-073, dated August 10, 2012, the Max Level 
shut-off system did not operate correctly. After initial refueling 
shut-off, refueling restarted, leading to fuel spilling onto the 
platform. The manufacturer is developing a modification to address the 
unsafe condition that does not interfere with the normal operation of 
the Max Level shutoff system. We might issue AD rulemaking once the 
manufacturer has issued service information that includes the 
modification.

FAA's Conclusions

    Upon further consideration, we have determined that the NPRM (78 FR 
46298, July 31, 2013) does not adequately address the identified unsafe 
condition. Accordingly, the NPRM is withdrawn.
    Withdrawal of the NPRM (78 FR 46298, July 31, 2013) does not 
preclude the FAA from issuing another related action or commit the FAA 
to any course of action in the future.

Regulatory Impact

    Since this action only withdraws an NPRM (78 FR 46298, July 31, 
2013), it is neither a proposed nor a final rule and therefore is not 
covered under Executive Order 12866, the Regulatory Flexibility Act, or 
DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 
1979).

List of Subjects in 14 CFR Part 39

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

The Withdrawal

    Accordingly, we withdraw the NPRM, Docket No. FAA-2013-0629, 
Directorate Identifier 2012-NM-214-AD, which was published in the 
Federal Register on July 31, 2013 (78 FR 46298, July 31, 2013).

    Issued in Renton, Washington, on February 19, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-04890 Filed 3-4-14; 8:45 am]
BILLING CODE 4910-13-P