80_FR_56594 80 FR 56413 - Airworthiness Directives; Fokker Services B.V. Airplanes

80 FR 56413 - Airworthiness Directives; Fokker Services B.V. Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 80, Issue 181 (September 18, 2015)

Page Range56413-56415
FR Document2015-23408

We propose to adopt a new airworthiness directive (AD) for all Fokker Services B.V. Model F.27 Mark 200, 300, 400, 500, 600, and 700 airplanes. This proposed AD was prompted by a design review conducted by Fokker Services B.V. that indicated no controlled bonding provisions were present on many critical locations outside the fuel tank or connected to the fuel tank wall. This proposed AD would require installing the additional bonding provisions, and revising the maintenance or inspection program, as applicable, by incorporating fuel airworthiness limitation items and critical design configuration control limitations. We are proposing this AD to prevent an ignition source in the fuel tank vapor space, which could result in a fuel tank explosion and consequent loss of the airplane.

Federal Register, Volume 80 Issue 181 (Friday, September 18, 2015)
[Federal Register Volume 80, Number 181 (Friday, September 18, 2015)]
[Proposed Rules]
[Pages 56413-56415]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-23408]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-3633; Directorate Identifier 2014-NM-097-AD]
RIN 2120-AA64


Airworthiness Directives; Fokker Services B.V. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all 
Fokker Services B.V. Model F.27 Mark 200, 300, 400, 500, 600, and 700 
airplanes. This proposed AD was prompted by a design review conducted 
by Fokker Services B.V. that indicated no controlled bonding provisions 
were present on many critical locations outside the fuel tank or 
connected to the fuel tank wall. This proposed AD would require 
installing the additional bonding provisions, and revising the 
maintenance or inspection program, as applicable, by incorporating fuel 
airworthiness limitation items and critical design configuration 
control limitations. We are proposing this AD to prevent an ignition 
source in the fuel tank vapor space, which could result in a fuel tank 
explosion and consequent loss of the airplane.

DATES: We must receive comments on this proposed AD by November 2, 
2015.

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 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 W12-140, 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 proposed AD, contact 
Fokker Services B.V., Technical Services Dept., P.O. Box 1357, 2130 EL 
Hoofddorp, the Netherlands; telephone +31 (0)88-6280-350; fax +31 
(0)88-6280-111; email technicalservices@fokker.com; Internet http://www.myfokkerfleet.com. You may view this referenced service information 
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., 
Renton, WA. For information on the availability of this material at the 
FAA, call 425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
3633; 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 proposed 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, WA 98057-3356; telephone 425-227-1137; 
fax 425-227-1149.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2015-3633; 
Directorate Identifier 2014-NM-097-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on 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 proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Airworthiness Directive 2014-0100, dated April 30, 2014 (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 F.27 Mark 200, 300, 400, 500, 600, and 700 airplanes. The 
MCAI states:

    Prompted by an accident * * *, the FAA published Special Federal 
Aviation Regulation (SFAR) 88 [(66 FR 23086, May 7, 2001)], and the 
Joint Aviation Authorities (JAA) published Interim Policy INT/POL/
25/12.
    The review conducted by Fokker Services on the Fokker 27 design 
in response to these regulations revealed that no controlled bonding 
provisions are present on a number of critical locations outside the 
fuel tanks.
    This condition, if not corrected, could create an ignition 
source in the fuel tank vapour space, possibly resulting in a fuel 
tank explosion and consequent loss of the aeroplane.
    To address this potential unsafe condition, Fokker Services 
developed a set of bonding modifications, introduced with [a service 
bulletin] * * *, that do[es] not require opening of the fuel tank 
access panels.
    More information on this subject can be found in Fokker Services 
All Operators Message AOF27.043#03.
    For the reasons described above, this [EASA] AD requires 
installation of additional bonding provisions that do not require 
opening of the fuel tank access panels.

    Required actions also include revising the maintenance or 
inspection program, as applicable, by incorporating fuel airworthiness 
limitation items and critical design configuration control limitations. 
You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
3633.
    The FAA has examined the underlying safety issues involved in fuel 
tank explosions on several large transport airplanes, including the 
adequacy of existing regulations, the service history of airplanes 
subject to those regulations, and existing maintenance practices for 
fuel tank systems. As a result of those findings, we issued a 
regulation titled ``Transport Airplane Fuel Tank System Design Review, 
Flammability Reduction and Maintenance and Inspection Requirements'' 
(66 FR 23086, May 7, 2001). In addition to new airworthiness standards 
for transport airplanes and new maintenance requirements, this rule 
included Special Federal Aviation Regulation No. 88 (``SFAR 88,'' 
Amendment 21-78, and subsequent Amendments 21-82 and 21-83).
    Among other actions, SFAR 88 (66 FR 23086, May 7, 2001) requires 
certain

[[Page 56414]]

type design (i.e., type certificate (TC) and supplemental type 
certificate (STC)) holders to substantiate that their fuel tank systems 
can prevent ignition sources in the fuel tanks. This requirement 
applies to type design holders for large turbine-powered transport 
airplanes and for subsequent modifications to those airplanes. It 
requires them to perform design reviews and to develop design changes 
and maintenance procedures if their designs do not meet the new fuel 
tank safety standards. As explained in the preamble to the rule, we 
intended to adopt airworthiness directives to mandate any changes found 
necessary to address unsafe conditions identified as a result of these 
reviews.
    In evaluating these design reviews, we have established four 
criteria intended to define the unsafe conditions associated with fuel 
tank systems that require corrective actions. The percentage of 
operating time during which fuel tanks are exposed to flammable 
conditions is one of these criteria. The other three criteria address 
the failure types under evaluation: Single failures, single failures in 
combination with a latent condition(s), and in-service failure 
experience. For all four criteria, the evaluations included 
consideration of previous actions taken that may mitigate the need for 
further action.
    The Joint Aviation Authorities (JAA) has issued a regulation that 
is similar to SFAR 88 (66 FR 23086, May 7, 2001). (The JAA is an 
associated body of the European Civil Aviation Conference (ECAC) 
representing the civil aviation regulatory authorities of a number of 
European States who have agreed to co-operate in developing and 
implementing common safety regulatory standards and procedures.) Under 
this regulation, the JAA stated that all members of the ECAC that hold 
type certificates for transport category airplanes are required to 
conduct a design review against explosion risks.
    We have determined that the actions identified in this AD are 
necessary 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.

Related Service Information Under 1 CFR Part 51

    Fokker Services B.V. has issued F27 Proforma Service Bulletin 
SBF27-28-072, Revision 1, dated March 6, 2014, including Fokker F27 
Service Bulletin Appendix SBF27-28-072/APP01, including List of 
Drawings/Part Lists, dated July 17, 2014; and Fokker Manual Change 
Notification--Maintenance Documentation (MCNM) F27-027 dated September 
9, 2014. The service information describes procedures for installing 
additional bonding provisions. This service information is reasonably 
available because the interested parties have access to it through 
their normal course of business or by the means identified in the 
ADDRESSES section of this NPRM.

FAA's Determination and Requirements of This Proposed 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 and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of this same 
type design.
    This proposed AD requires revisions to certain operator maintenance 
documents to include new inspections. Compliance with these inspections 
is required by section 91.403(c) of the Federal Aviation Regulations 
(14 CFR 91.403(c)). For airplanes that have been previously modified, 
altered, or repaired in the areas addressed by these inspections, an 
operator might 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 of an alternative method of compliance 
(AMOC) in accordance with the provisions of paragraph (j) of this 
proposed AD. The request should include a description of changes to the 
required inspections that will ensure the continued operational safety 
of the airplane.

Costs of Compliance

    We estimate that this proposed AD affects 15 airplanes of U.S. 
registry.
    We also estimate that it would take about 8 work-hours per product 
to comply with the basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Based on these figures, we estimate 
the cost of this proposed AD on U.S. operators to be $10,200, or $680 
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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 proposed 
regulation:
    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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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 airworthiness 
directive (AD):

Fokker Services B.V.: Docket No. FAA-2015-3633; Directorate 
Identifier 2014-NM-097-AD.

[[Page 56415]]

(a) Comments Due Date

    We must receive comments by November 2, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Fokker Services B.V. Model F.27 Mark 200, 
300, 400, 500, 600, and 700 airplanes, certificated in any category, 
all serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Reason

    This AD was prompted by a design review conducted by Fokker 
Services B.V. that indicated no controlled bonding provisions were 
present on many critical locations outside the fuel tank or 
connected to the fuel tank wall. We are issuing this AD to prevent 
an ignition source in the fuel tank vapor space, which could result 
in a fuel tank explosion and consequent loss of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Installation

    Within 24 months after the effective date of this AD, install 
additional bonding provisions, in accordance with the Accomplishment 
Instructions of Fokker F27 Proforma Service Bulletin SBF27-28-072, 
Revision 1, dated March 6, 2014, including Fokker F27 Service 
Bulletin Appendix SBF27-28-072/APP01, including List of Drawings/
Part Lists, dated July 17, 2014.

(h) Maintenance or Inspection Program Revision

    At the later of the times specified in paragraph (h)(1) and 
(h)(2) of this AD: Revise the airplane maintenance or inspection 
program, as applicable, by incorporating the fuel airworthiness 
limitations items and critical design configuration control 
limitations as identified in Fokker Manual Change Notification--
Maintenance Documentation (MCNM) F27-027 dated September 9, 2014.
    (1) Before further flight after accomplishing the installation 
required by paragraph (g) of this AD,
    (2) Within 30 days after the effective date of this AD.

(i) No Alternative Actions, Intervals, and/or Critical Design 
Configuration Control Limitations (CDCCLs)

    After the maintenance or inspection program, as applicable, has 
been revised as required by paragraph (h) of this AD, no alternative 
actions (e.g., inspections), intervals, and/or CDCCLs may be used 
unless the actions, intervals, and/or CDCCLs are approved as an 
alternative method of compliance in accordance with the procedures 
specified in paragraph (j) of this AD.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, 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 Branch, send it to ATTN: 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 Information 
may be emailed to: 9-ANM-116-AMOC-REQUESTS@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. The 
AMOC approval letter must specifically reference this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or the 
European Aviation Safety Agency (EASA); or Fokker B.V. Service's 
EASA Design Organization Approval (DOA). If approved by the DOA, the 
approval must include the DOA-authorized signature.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2014-0100, dated April 30, 2014, 
for related information. This MCAI may be found in the AD docket on 
the Internet at http://www.regulations.gov by searching for and 
locating Docket No. FAA-2015-3633.
    (2) For service information identified in this AD, contact 
Fokker Services B.V., Technical Services Dept., P.O. Box 1357, 2130 
EL Hoofddorp, the Netherlands; telephone +31 (0)88-6280-350; fax +31 
(0)88-6280-111; email technicalservices@fokker.com; Internet http://www.myfokkerfleet.com. You may view this service information at the 
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, 
WA. For information on the availability of this material at the FAA, 
call 425-227-1221.

    Issued in Renton, Washington, on September 11, 2015.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2015-23408 Filed 9-17-15; 8:45 am]
BILLING CODE 4910-13-P



                                                                      Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Proposed Rules                                            56413

                                                  Issued in Renton, Washington, on                      p.m., Monday through Friday, except                   for the Member States of the European
                                                September 1, 2015.                                      Federal holidays.                                     Union, has issued EASA Airworthiness
                                                Michael Kaszycki,                                          For service information identified in              Directive 2014–0100, dated April 30,
                                                Acting Manager, Transport Airplane                      this proposed AD, contact Fokker                      2014 (referred to after this as the
                                                Directorate, Aircraft Certification Service.            Services B.V., Technical Services Dept.,              Mandatory Continuing Airworthiness
                                                [FR Doc. 2015–23420 Filed 9–17–15; 8:45 am]             P.O. Box 1357, 2130 EL Hoofddorp, the                 Information, or ‘‘the MCAI’’), to correct
                                                BILLING CODE 4910–13–P                                  Netherlands; telephone +31 (0)88–6280–                an unsafe condition for all Fokker
                                                                                                        350; fax +31 (0)88–6280–111; email                    Services B.V. Model F.27 Mark 200, 300,
                                                                                                        technicalservices@fokker.com; Internet                400, 500, 600, and 700 airplanes. The
                                                DEPARTMENT OF TRANSPORTATION                            http://www.myfokkerfleet.com. You may                 MCAI states:
                                                                                                        view this referenced service information
                                                                                                                                                                Prompted by an accident * * *, the FAA
                                                Federal Aviation Administration                         at the FAA, Transport Airplane                        published Special Federal Aviation
                                                                                                        Directorate, 1601 Lind Avenue SW.,                    Regulation (SFAR) 88 [(66 FR 23086, May 7,
                                                14 CFR Part 39                                          Renton, WA. For information on the                    2001)], and the Joint Aviation Authorities
                                                [Docket No. FAA–2015–3633; Directorate                  availability of this material at the FAA,             (JAA) published Interim Policy INT/POL/25/
                                                Identifier 2014–NM–097–AD]                              call 425–227–1221.                                    12.
                                                                                                                                                                The review conducted by Fokker Services
                                                RIN 2120–AA64                                           Examining the AD Docket                               on the Fokker 27 design in response to these
                                                                                                           You may examine the AD docket on                   regulations revealed that no controlled
                                                Airworthiness Directives; Fokker                        the Internet at http://                               bonding provisions are present on a number
                                                Services B.V. Airplanes                                                                                       of critical locations outside the fuel tanks.
                                                                                                        www.regulations.gov by searching for                    This condition, if not corrected, could
                                                AGENCY: Federal Aviation                                and locating Docket No. FAA–2015–                     create an ignition source in the fuel tank
                                                Administration (FAA), DOT.                              3633; or in person at the Docket                      vapour space, possibly resulting in a fuel
                                                                                                        Management Facility between 9 a.m.                    tank explosion and consequent loss of the
                                                ACTION: Notice of proposed rulemaking
                                                                                                        and 5 p.m., Monday through Friday,                    aeroplane.
                                                (NPRM).                                                 except Federal holidays. The AD docket                  To address this potential unsafe condition,
                                                                                                        contains this proposed AD, the                        Fokker Services developed a set of bonding
                                                SUMMARY:   We propose to adopt a new                                                                          modifications, introduced with [a service
                                                airworthiness directive (AD) for all                    regulatory evaluation, any comments
                                                                                                                                                              bulletin] * * *, that do[es] not require
                                                Fokker Services B.V. Model F.27 Mark                    received, and other information. The                  opening of the fuel tank access panels.
                                                200, 300, 400, 500, 600, and 700                        street address for the Docket Operations                More information on this subject can be
                                                airplanes. This proposed AD was                         office (telephone 800–647–5527) is in                 found in Fokker Services All Operators
                                                prompted by a design review conducted                   the ADDRESSES section. Comments will                  Message AOF27.043#03.
                                                by Fokker Services B.V. that indicated                  be available in the AD docket shortly                   For the reasons described above, this
                                                                                                        after receipt.                                        [EASA] AD requires installation of additional
                                                no controlled bonding provisions were                                                                         bonding provisions that do not require
                                                present on many critical locations                      FOR FURTHER INFORMATION CONTACT: Tom
                                                                                                                                                              opening of the fuel tank access panels.
                                                outside the fuel tank or connected to the               Rodriguez, Aerospace Engineer,
                                                fuel tank wall. This proposed AD would                  International Branch, ANM–116,                           Required actions also include revising
                                                require installing the additional bonding               Transport Airplane Directorate, FAA,                  the maintenance or inspection program,
                                                provisions, and revising the                            1601 Lind Avenue SW., Renton, WA                      as applicable, by incorporating fuel
                                                maintenance or inspection program, as                   98057–3356; telephone 425–227–1137;                   airworthiness limitation items and
                                                applicable, by incorporating fuel                       fax 425–227–1149.                                     critical design configuration control
                                                airworthiness limitation items and                      SUPPLEMENTARY INFORMATION:                            limitations. You may examine the MCAI
                                                critical design configuration control                                                                         in the AD docket on the Internet at
                                                                                                        Comments Invited                                      http://www.regulations.gov by searching
                                                limitations. We are proposing this AD to
                                                prevent an ignition source in the fuel                    We invite you to send any written                   for and locating Docket No. FAA–2015–
                                                tank vapor space, which could result in                 relevant data, views, or arguments about              3633.
                                                                                                        this proposed AD. Send your comments                     The FAA has examined the
                                                a fuel tank explosion and consequent
                                                                                                        to an address listed under the                        underlying safety issues involved in fuel
                                                loss of the airplane.
                                                                                                        ADDRESSES section. Include ‘‘Docket No.               tank explosions on several large
                                                DATES: We must receive comments on                                                                            transport airplanes, including the
                                                                                                        FAA–2015–3633; Directorate Identifier
                                                this proposed AD by November 2, 2015.                                                                         adequacy of existing regulations, the
                                                                                                        2014–NM–097–AD’’ at the beginning of
                                                ADDRESSES: You may send comments,                       your comments. We specifically invite                 service history of airplanes subject to
                                                using the procedures found in 14 CFR                    comments on the overall regulatory,                   those regulations, and existing
                                                11.43 and 11.45, by any of the following                economic, environmental, and energy                   maintenance practices for fuel tank
                                                methods:                                                aspects of this proposed AD. We will                  systems. As a result of those findings,
                                                   • Federal eRulemaking Portal: Go to                  consider all comments received by the                 we issued a regulation titled ‘‘Transport
                                                http://www.regulations.gov. Follow the                  closing date and may amend this                       Airplane Fuel Tank System Design
                                                instructions for submitting comments.                   proposed AD based on those comments.                  Review, Flammability Reduction and
                                                   • Fax: 202–493–2251.                                   We will post all comments we                        Maintenance and Inspection
                                                   • Mail: U.S. Department of                           receive, without change, to http://                   Requirements’’ (66 FR 23086, May 7,
                                                Transportation, Docket Operations, M–                   www.regulations.gov, including any                    2001). In addition to new airworthiness
tkelley on DSK3SPTVN1PROD with PROPOSALS




                                                30, West Building Ground Floor, Room                    personal information you provide. We                  standards for transport airplanes and
                                                W12–140, 1200 New Jersey Avenue SE.,                    will also post a report summarizing each              new maintenance requirements, this
                                                Washington, DC 20590.                                   substantive verbal contact we receive                 rule included Special Federal Aviation
                                                   • Hand Delivery: U.S. Department of                  about this proposed AD.                               Regulation No. 88 (‘‘SFAR 88,’’
                                                Transportation, Docket Operations, M–                                                                         Amendment 21–78, and subsequent
                                                30, West Building Ground Floor, Room                    Discussion                                            Amendments 21–82 and 21–83).
                                                W12–140, 1200 New Jersey Avenue SE.,                      The European Aviation Safety Agency                    Among other actions, SFAR 88 (66 FR
                                                Washington, DC, between 9 a.m. and 5                    (EASA), which is the Technical Agent                  23086, May 7, 2001) requires certain


                                           VerDate Sep<11>2014   17:14 Sep 17, 2015   Jkt 235001   PO 00000   Frm 00015   Fmt 4702   Sfmt 4702   E:\FR\FM\18SEP1.SGM   18SEP1


                                                56414                 Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Proposed Rules

                                                type design (i.e., type certificate (TC)                Change Notification—Maintenance                       Aviation Programs,’’ describes in more
                                                and supplemental type certificate (STC))                Documentation (MCNM) F27–027 dated                    detail the scope of the Agency’s
                                                holders to substantiate that their fuel                 September 9, 2014. The service                        authority.
                                                tank systems can prevent ignition                       information describes procedures for                     We are issuing this rulemaking under
                                                sources in the fuel tanks. This                         installing additional bonding                         the authority described in ‘‘Subtitle VII,
                                                requirement applies to type design                      provisions. This service information is               Part A, Subpart III, Section 44701:
                                                holders for large turbine-powered                       reasonably available because the                      General requirements.’’ Under that
                                                transport airplanes and for subsequent                  interested parties have access to it                  section, Congress charges the FAA with
                                                modifications to those airplanes. It                    through their normal course of business               promoting safe flight of civil aircraft in
                                                requires them to perform design reviews                 or by the means identified in the                     air commerce by prescribing regulations
                                                and to develop design changes and                       ADDRESSES section of this NPRM.                       for practices, methods, and procedures
                                                maintenance procedures if their designs                                                                       the Administrator finds necessary for
                                                do not meet the new fuel tank safety                    FAA’s Determination and Requirements                  safety in air commerce. This regulation
                                                standards. As explained in the preamble                 of This Proposed AD                                   is within the scope of that authority
                                                to the rule, we intended to adopt                          This product has been approved by                  because it addresses an unsafe condition
                                                airworthiness directives to mandate any                 the aviation authority of another                     that is likely to exist or develop on
                                                changes found necessary to address                      country, and is approved for operation                products identified in this rulemaking
                                                unsafe conditions identified as a result                in the United States. Pursuant to our                 action.
                                                of these reviews.                                       bilateral agreement with the State of
                                                                                                                                                              Regulatory Findings
                                                   In evaluating these design reviews, we               Design Authority, we have been notified
                                                have established four criteria intended                 of the unsafe condition described in the                We determined that this proposed AD
                                                to define the unsafe conditions                         MCAI and service information                          would not have federalism implications
                                                associated with fuel tank systems that                  referenced above. We are proposing this               under Executive Order 13132. This
                                                require corrective actions. The                         AD because we evaluated all pertinent                 proposed AD would not have a
                                                percentage of operating time during                     information and determined an unsafe                  substantial direct effect on the States, on
                                                which fuel tanks are exposed to                         condition exists and is likely to exist or            the relationship between the national
                                                flammable conditions is one of these                    develop on other products of this same                Government and the States, or on the
                                                criteria. The other three criteria address              type design.                                          distribution of power and
                                                the failure types under evaluation:                        This proposed AD requires revisions                responsibilities among the various
                                                Single failures, single failures in                     to certain operator maintenance                       levels of government.
                                                combination with a latent condition(s),                 documents to include new inspections.                   For the reasons discussed above, I
                                                and in-service failure experience. For all              Compliance with these inspections is                  certify this proposed regulation:
                                                four criteria, the evaluations included                 required by section 91.403(c) of the                    1. Is not a ‘‘significant regulatory
                                                consideration of previous actions taken                 Federal Aviation Regulations (14 CFR                  action’’ under Executive Order 12866;
                                                that may mitigate the need for further                  91.403(c)). For airplanes that have been                2. Is not a ‘‘significant rule’’ under the
                                                action.                                                 previously modified, altered, or repaired             DOT Regulatory Policies and Procedures
                                                   The Joint Aviation Authorities (JAA)                 in the areas addressed by these                       (44 FR 11034, February 26, 1979);
                                                has issued a regulation that is similar to                                                                      3. Will not affect intrastate aviation in
                                                                                                        inspections, an operator might not be
                                                SFAR 88 (66 FR 23086, May 7, 2001).                                                                           Alaska; and
                                                                                                        able to accomplish the inspections                      4. Will not have a significant
                                                (The JAA is an associated body of the                   described in the revisions. In this
                                                European Civil Aviation Conference                                                                            economic impact, positive or negative,
                                                                                                        situation, to comply with 14 CFR                      on a substantial number of small entities
                                                (ECAC) representing the civil aviation                  91.403(c), the operator must request
                                                regulatory authorities of a number of                                                                         under the criteria of the Regulatory
                                                                                                        approval of an alternative method of                  Flexibility Act.
                                                European States who have agreed to co-                  compliance (AMOC) in accordance with
                                                operate in developing and                               the provisions of paragraph (j) of this               List of Subjects in 14 CFR Part 39
                                                implementing common safety regulatory                   proposed AD. The request should                         Air transportation, Aircraft, Aviation
                                                standards and procedures.) Under this                   include a description of changes to the               safety, Incorporation by reference,
                                                regulation, the JAA stated that all                     required inspections that will ensure the             Safety.
                                                members of the ECAC that hold type                      continued operational safety of the
                                                certificates for transport category                     airplane.                                             The Proposed Amendment
                                                airplanes are required to conduct a                                                                             Accordingly, under the authority
                                                design review against explosion risks.                  Costs of Compliance
                                                                                                                                                              delegated to me by the Administrator,
                                                   We have determined that the actions                     We estimate that this proposed AD                  the FAA proposes to amend 14 CFR part
                                                identified in this AD are necessary to                  affects 15 airplanes of U.S. registry.                39 as follows:
                                                reduce the potential of ignition sources                   We also estimate that it would take
                                                inside fuel tanks, which, in combination                about 8 work-hours per product to                     PART 39—AIRWORTHINESS
                                                with flammable fuel vapors, could result                comply with the basic requirements of                 DIRECTIVES
                                                in fuel tank explosions and consequent                  this proposed AD. The average labor
                                                loss of the airplane.                                   rate is $85 per work-hour. Based on                   ■ 1. The authority citation for part 39
                                                                                                        these figures, we estimate the cost of                continues to read as follows:
                                                Related Service Information Under 1
                                                                                                        this proposed AD on U.S. operators to                     Authority: 49 U.S.C. 106(g), 40113, 44701.
                                                CFR Part 51
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                                                                                                        be $10,200, or $680 per product.
                                                  Fokker Services B.V. has issued F27                                                                         § 39.13    [Amended]
                                                Proforma Service Bulletin SBF27–28–                     Authority for This Rulemaking                         ■ 2. The FAA amends § 39.13 by adding
                                                072, Revision 1, dated March 6, 2014,                     Title 49 of the United States Code                  the following new airworthiness
                                                including Fokker F27 Service Bulletin                   specifies the FAA’s authority to issue                directive (AD):
                                                Appendix SBF27–28–072/APP01,                            rules on aviation safety. Subtitle I,                 Fokker Services B.V.: Docket No. FAA–
                                                including List of Drawings/Part Lists,                  section 106, describes the authority of                  2015–3633; Directorate Identifier 2014–
                                                dated July 17, 2014; and Fokker Manual                  the FAA Administrator. ‘‘Subtitle VII:                   NM–097–AD.



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                                                                        Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Proposed Rules                                        56415

                                                (a) Comments Due Date                                     (j) Other FAA AD Provisions                           DEPARTMENT OF THE TREASURY
                                                   We must receive comments by November                      The following provisions also apply to this
                                                2, 2015.                                                  AD:                                                   Internal Revenue Service
                                                (b) Affected ADs                                             (1) Alternative Methods of Compliance
                                                                                                          (AMOCs): The Manager, International                   26 CFR Part 1
                                                   None.
                                                                                                          Branch, ANM–116, Transport Airplane                   [REG–127895–14]
                                                (c) Applicability                                         Directorate, FAA, has the authority to
                                                  This AD applies to Fokker Services B.V.                 approve AMOCs for this AD, if requested               RIN 1545–BM33
                                                Model F.27 Mark 200, 300, 400, 500, 600, and              using the procedures found in 14 CFR 39.19.
                                                700 airplanes, certificated in any category, all          In accordance with 14 CFR 39.19, send your            Dividend Equivalents From Sources
                                                serial numbers.                                           request to your principal inspector or local          Within the United States
                                                                                                          Flight Standards District Office, as
                                                (d) Subject                                                                                                     AGENCY:  Internal Revenue Service (IRS),
                                                                                                          appropriate. If sending information directly
                                                 Air Transport Association (ATA) of                                                                             Treasury.
                                                                                                          to the International Branch, send it to ATTN:
                                                America Code 28, Fuel.                                    Tom Rodriguez, Aerospace Engineer,                    ACTION: Notice of proposed rulemaking
                                                (e) Reason                                                International Branch, ANM–116, Transport              by cross-reference to temporary
                                                                                                          Airplane Directorate, FAA, 1601 Lind                  regulations and notice of public hearing.
                                                  This AD was prompted by a design review
                                                conducted by Fokker Services B.V. that                    Avenue SW., Renton, WA 98057–3356;
                                                                                                                                                                SUMMARY:
                                                indicated no controlled bonding provisions                telephone 425–227–1137; fax 425 227–1149
                                                were present on many critical locations                   Information may be emailed to: 9-ANM-116-             DATES: Written or electronic comments
                                                outside the fuel tank or connected to the fuel            AMOC-REQUESTS@faa.gov. Before using                   must be received by December 17, 2015.
                                                tank wall. We are issuing this AD to prevent              any approved AMOC, notify your appropriate            Outlines of topics to be discussed at the
                                                an ignition source in the fuel tank vapor                 principal inspector, or lacking a principal           public hearing scheduled for January 15,
                                                space, which could result in a fuel tank                  inspector, the manager of the local flight            2016, at 10 a.m. must be received by
                                                explosion and consequent loss of the                      standards district office/certificate holding         December 17, 2015.
                                                airplane.                                                 district office. The AMOC approval letter             ADDRESSES: Send submissions to
                                                (f) Compliance                                            must specifically reference this AD.                  CC:PA:LPD:PR (REG–127895–14), Room
                                                  Comply with this AD within the                             (2) Contacting the Manufacturer: For any           5203, Internal Revenue Service, PO Box
                                                compliance times specified, unless already                requirement in this AD to obtain corrective           7604, Ben Franklin Station, Washington,
                                                done.                                                     actions from a manufacturer, the action must          DC 20044. Submissions may be hand
                                                                                                          be accomplished using a method approved               delivered Monday through Friday
                                                (g) Installation                                          by the Manager, International Branch, ANM–            between the hours of 8 a.m. and 4 p.m.
                                                  Within 24 months after the effective date               116, Transport Airplane Directorate, FAA; or          to CC:PA:LPD:PR (REG–127895–14),
                                                of this AD, install additional bonding                    the European Aviation Safety Agency                   Courier’s desk, Internal Revenue
                                                provisions, in accordance with the                        (EASA); or Fokker B.V. Service’s EASA
                                                Accomplishment Instructions of Fokker F27                                                                       Service, 1111 Constitution Avenue NW.,
                                                                                                          Design Organization Approval (DOA). If                Washington, DC 20044, or sent
                                                Proforma Service Bulletin SBF27–28–072,
                                                                                                          approved by the DOA, the approval must                electronically, via the Federal
                                                Revision 1, dated March 6, 2014, including
                                                Fokker F27 Service Bulletin Appendix                      include the DOA-authorized signature.                 eRulemaking Portal at
                                                SBF27–28–072/APP01, including List of                     (k) Related Information                               www.regulations.gov (IRS REG–127895–
                                                Drawings/Part Lists, dated July 17, 2014.                                                                       14). The public hearing will be held in
                                                                                                             (1) Refer to Mandatory Continuing
                                                (h) Maintenance or Inspection Program                                                                           the IRS Auditorium, Internal Revenue
                                                                                                          Airworthiness Information (MCAI) EASA
                                                Revision                                                                                                        Building, 1111 Constitution Avenue
                                                                                                          Airworthiness Directive 2014–0100, dated
                                                  At the later of the times specified in                  April 30, 2014, for related information. This
                                                                                                                                                                NW., Washington, DC.
                                                paragraph (h)(1) and (h)(2) of this AD: Revise            MCAI may be found in the AD docket on the             FOR FURTHER INFORMATION CONTACT:
                                                the airplane maintenance or inspection                    Internet at http://www.regulations.gov by             Concerning the regulations, D. Peter
                                                program, as applicable, by incorporating the              searching for and locating Docket No. FAA–            Merkel or Karen Walny at (202) 317–
                                                fuel airworthiness limitations items and                  2015–3633.                                            6938; concerning submissions of
                                                critical design configuration control                                                                           comments, the hearing, and/or to be
                                                                                                             (2) For service information identified in
                                                limitations as identified in Fokker Manual
                                                                                                          this AD, contact Fokker Services B.V.,                placed on the building access list to
                                                Change Notification—Maintenance
                                                Documentation (MCNM) F27–027 dated                        Technical Services Dept., P.O. Box 1357,              attend the hearing Oluwfunmilayo
                                                September 9, 2014.                                        2130 EL Hoofddorp, the Netherlands;                   Taylor at (202) 317–6901 (not toll-free
                                                  (1) Before further flight after accomplishing           telephone +31 (0)88–6280–350; fax +31                 numbers).
                                                the installation required by paragraph (g) of             (0)88–6280–111; email technicalservices@              SUPPLEMENTARY INFORMATION:
                                                this AD,                                                  fokker.com; Internet http://
                                                  (2) Within 30 days after the effective date             www.myfokkerfleet.com. You may view this              Background and Explanation of
                                                of this AD.                                               service information at the FAA, Transport             Provisions
                                                (i) No Alternative Actions, Intervals, and/or             Airplane Directorate, 1601 Lind Avenue SW.,              Final and temporary regulations in
                                                Critical Design Configuration Control                     Renton, WA. For information on the                    the Rules and Regulations section of this
                                                Limitations (CDCCLs)                                      availability of this material at the FAA, call        issue of the Federal Register contain
                                                   After the maintenance or inspection                    425–227–1221.                                         amendments to the Income Tax
                                                program, as applicable, has been revised as
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                                                                                                            Issued in Renton, Washington, on                    Regulations (26 CFR part 1) which
                                                required by paragraph (h) of this AD, no                  September 11, 2015.                                   provide rules for determining when a
                                                alternative actions (e.g., inspections),
                                                                                                          Michael Kaszycki,                                     payment made pursuant to certain
                                                intervals, and/or CDCCLs may be used unless
                                                the actions, intervals, and/or CDCCLs are                 Acting Manager, Transport Airplane                    financial products will be treated as a
                                                approved as an alternative method of                      Directorate, Aircraft Certification Service.          dividend equivalent for purposes of
                                                compliance in accordance with the                         [FR Doc. 2015–23408 Filed 9–17–15; 8:45 am]
                                                                                                                                                                section 871(m). These proposed
                                                procedures specified in paragraph (j) of this                                                                   regulations provide guidance relating to
                                                                                                          BILLING CODE 4910–13–P
                                                AD.                                                                                                             the substantial equivalence test, which


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Document Created: 2015-12-15 09:27:29
Document Modified: 2015-12-15 09:27:29
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking (NPRM).
DatesWe must receive comments on this proposed AD by November 2, 2015.
ContactTom 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.
FR Citation80 FR 56413 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

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