[Federal Register: November 6, 2009 (Volume 74, Number 214)]
[Rules and Regulations]
[Page 57402-57405]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06no09-2]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-1024; Directorate Identifier 2009-NM-182-AD;
Amendment 39-16083; AD 2008-05-18 R1]
RIN 2120-AA64
Airworthiness Directives; Fokker Model F.27 Mark 050, 200, 300,
400, 500, 600, and 700 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 November 23, 2009.
On April 16, 2008 (73 FR 13071, March 12, 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 December 21, 2009.
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.
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 February 28, 2008, we issued AD 2008-05-18, Amendment 39-15412
(73 FR 13071, March 12, 2008). That AD applied to certain Fokker Model
F.27 Mark 050, 200, 300, 400, 500, 600, and 700 airplanes. That AD
required revising the Airworthiness Limitations Section (ALS) of the
Instructions for Continued Airworthiness 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. But once
the CDCCLs are incorporated into the ALS, 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 2008-05-18 allowed the use of alternative inspections,
inspection intervals, or CDCCLs if they are part of a later revision of
a Fokker 50/60 Fuel Airworthiness Limitation Items (ALI) and CDCCL
Report SE-671, Issue 2, dated December 1, 2006; or Fokker Service
Bulletin SBF27-28-070, Revision 1, dated January 8, 2008. That
provision has been removed from this AD. Allowing the use of ``a later
revision'' of a specific service document violates Office of the
Federal Register policies for approving materials that are
[[Page 57403]]
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) 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 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.
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-2009-1024; Directorate
Identifier 2009-NM-182-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 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 39-15412 (73 FR
13071, March 12, 2008) and adding the following new AD:
2008-05-18 R1 Fokker Services B.V.: Amendment 39-16083. Docket No.
FAA-2009-1024; Directorate Identifier 2009-NM-182-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective November
23, 2009.
Affected ADs
(b) This AD revises AD 2008-05-18, Amendment 39-15412.
Applicability
(c) This AD applies to Fokker Model F.27 Mark 050 airplanes, all
serial numbers; and Fokker F.27 Mark 200, 300, 400, 500, 600, and
700 airplanes, serial numbers 10102 through 10692 inclusive;
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
[[Page 57404]]
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 (ALS) of the Instructions for Continued
Airworthiness to incorporate new limitations for fuel tank systems.
Restatement of Requirements of AD 2008-05-18, With Changes to
Compliance Method
Actions and Compliance
(f) Unless already done, do the following actions.
(1) Within 3 months after April 16, 2008 (the effective date of
AD 2008-05-18), revise the 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 F.27 Mark
050 Airplanes
------------------------------------------------------------------------
For-- The later of--
------------------------------------------------------------------------
Task 280000-01............... 102 months after April 16, 2008; 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 April 16, 2008; 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 F.27 Mark
200, 300, 400, 500, 600, and 700 Airplanes
------------------------------------------------------------------------
For-- The later of--
------------------------------------------------------------------------
Task 280000-01............... 78 months after April 16, 2008; 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 April 16, 2008; 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 April 16, 2008, revise the ALS of the
Instructions for Continued Airworthiness to incorporate the CDCCLs
as defined in Fokker 50/60 Fuel Airworthiness Limitations 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 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 April 16, 2008, 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.
New Information:
Explanation of CDCCL Requirements
Note 2: 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
of the Instructions for Continued Airworthiness, as required by
paragraphs (f)(1) and (f)(2) of this AD, do not need to be reworked
in accordance with the CDCCLs. However, once the ALS has been
revised, future maintenance actions on these components must be done
in accordance with the CDCCLs.
FAA AD Differences
Note 3: This AD differs from the MCAI and/or service
information as follows: No differences.
[[Page 57405]]
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 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 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; 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 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; on April 16, 2008 (73 FR 13071, March 12, 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 October 26, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-26382 Filed 11-5-09; 8:45 am]
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